UNIVERSITY 

OF  CALIFORNIA 

LOS  ANGELES 


SCHOOL  OF  LAW 
LIBRARY 


K 


STATE  OF  NORTH  DAKOTA 


GENERAL  SChOOL  LAWS 


Comprising  all  the  Laws  in  Force  Pertaining 
to  Public  Schools 


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^TEACHERS  ROOM 
LOS  ANGELES  PUBLIC  LIBRARY 

.  ;  PUBLISHED  BY 

DEPARTMENT  OF  PUBLIC  INSTRUCTION 

E.  J.  TAYLOR,   Superintendent 

JULY  1,   1915 


PUBLISHED  BY  AUTHORITY 


BISMARCK,  N.  D. 


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STATE  OF  NORTH  DAKOTA 


GENERAL  SCHOOL  LAWS 


Comprising  all  the  Laws  in  Force  Peitaining 
to  Public  Schools 


PUBLISHED  BY 

DEPARTMENT  OF  PUBLIC  INSTRUCTION 

E.  J.  TAYLOR,    Superintendent 

JULY  I,   1915 


PUBLISHED  BY  AUTHOR!!  Y 


BISMARCK,  N.  D. 


s 

>Jcp4Sg- 

1915 


THIS  VOLUME  IS  STATE  PROPERTY 


And  is  for  the  use  of 

of School  District  No 

County  of State  of  North  Dakota 


School  officers  on  retiring  from  office  are  required  by  law  to 
deliver  this  volume,  with  all  other  books  and  documents  of  an 
official  character,  to  their  successors  in  office. 


J 


INTRODUCTORY 


This  volume  contains  all  the  school  laws  in  force  pertaining  to  the  rural, 
graded,  consolidated  and  high  schools  of  the  state.  Hereafter  the  school  laws 
will  be  published  in  full  only  once  in  four  years.  The  next  complete  edition 
will  be  published  in  1919.  County  Superintendents  should  furnish  copies  of 
the  school  laws  only  to  those  entitled  by  law  to  receive  them.  School  officers 
and  others  should  be  instructed  to  preserve  their  copies  carefully  and  deliver 
them  to  their  successors  in  office. 

E.  J.  Taylor, 

Supt.  of  Public  Instruction. 
Bismarck,  N.  D. 

April  1st,  1915. 


CONGRESSIONAL  ENACTMENT 


ORGANIC  LAW. 

NARCOTICS. 

§  75.  The  nature  of  alcoholic  drinks  and  narcotics,  and  special  instruction 
as  to  their  effects  upon  the  human  system,  in  connection  with  the  several  di- 
visions of  the  subject  of  physiology  and  hygiene,  shall  be  included  in  the  branch- 
es of  study  taught  in  the  common  or  public  schools,  and  in  the  military  and 
naval  schools,  and  shall  be  studied  and  taught  as  thoroughly  and  in  the  same 
manner  as  other  like  required  branches  are  in  said  schools  by  the  use  of  text 
books  in  the  hands  of  pupils  where  other  branches  are  thus  studied  in  said  schools, 
and  by  all  pupils  in  all  said  schools  throughout  the  territories  in  the  military 
and  naval  academies  of  the  United  States  and  in  the  District  of  Columbia  and 
in  all  Indian  and  colored  schools  in  the  territories  of  the  United  States. 

§  76.  It  shall  be  the  duty  of  the  proper  officers  in  control  of  any  school  de- 
scribed in  the  foregoing  section  to  enforce  the  provisions  of  this  act;  and  any 
such  officer,  school  director,  committee,  superintendent  or  teacher  who  shall 
refuse  or  neglect  to  comply  with  the  requirements  of  this  act  or  shall  neglect 
or  fail  to  make  proper  provisions  for  the  instruction  required  and  in  the  man- 
ner specified  by  the  first  section  of  this  act,  for  all  the  pupils  in  each  and  every 
school  under  his  jurisdiction,  shall  be  removed  from  office  and  the  vacancy 
filled  as  in  other  cases. 

§  77.  No  certificate  shall  be  granted  to  any  person  to  teach  in  the  public 
schools  of  the  District  of  Columbia  or  territories,  after  the  first  day  of  January, 
anno  Domini  eighteen  hundred  and  eighty-eight,  who  has  not  passed  a  sat- 
isfactory examination  in  physiology  and  hygiene,  with  special  reference  to  the 
nature  and  effects  of  alcoholic  drinks  and  other  narcotics  upon  the  human 
system. 

Act  of  congress  approved   May  20,  1886. 

RESERVATION  OF  SCHOOL  LANDS. 

§  88.  Sections  numbered  sixteen  and  thirty-six  in  each  township  of  the  ter- 
ritories of  *  *  *  Dakota  *  *  *  shall  be  reserved  for  the  purpose  of 
being  applied  to  schools  in  the  several  territories  herein  named,  and  in  the  states 
and  territories  hereafter  to  be  erected  out  of  the  same. 

Section  1846  R.  S.  I".  S..  1874,  approved  March  2,  1861.  (See,  also,  En- 
abling  Act,   section   10,   post.) 

ENABLING  ACT 
(Approved  February  22,  1889.) 

§  4.  Providing  for  the  constitutional  conventions  for  North  Da- 
kota, South  Dakota,  Montana  and  Washington.)  And  said  convention 
shall  provide  by  ordinances  irrevocable  without  the  consent  of  the  United  States 
and  the  people  of  said  stales: 


GENEEAL  SCHOOL  LAWS 


Fourth.  That  provision  shall  be  made  for  the  establishment  and  mainte- 
nance of  systems  of  public  schools,  which  shall  be  open  to  all  children  of  said 
states,  and  free  from  sectarian  control. 

§  10.  That  upon  the  admission  of  each  of  said  states  into  the  union,  sections 
numbered  sixteen  and  thirty-six  in  every  township  of  said  proposed  states,  and 
where  such  sections  or  any  parts  thereof  have  been  sold  or  otherwise  disposed 
of  by  or  under  the  authority  of  any  act  of  congress,  other  lands  equivalent 
thereto,  in  legal  sub-divisions  of  not  less  than  one-quarter  section  *  *  * 
are  hereby  granted  to  said  states  for  the  support  of  common  schools. 

§  11.  That  all  lands  herein  granted  for  educational  purposes  shall  be  dis- 
posed of  only  at  public  sale;  and  at  a  price  not  less  than  $10  per  acre,  the  pro- 
ceeds to  constitute  a  permanent  school  fund,  the  interest  of  which  only  shall 
be  expended  in  the  support  of  said  schools.  But  said  lands  may,  under  such 
regulations  as  the  legislature  shall  prescribe,  be  leased  for  periods  of  not  more 
than  five  years,  in  quantities  not  exceeding  one  section  to  any  one  person  or 
company,  and  such  lands  shall  not  be  subject  to  pre-emption,  homestead  entry, 
or  any  other  entry  under  the  land  laws  of  the  United  States,  whether  surveyed 
or  unsurveyed,  but  shall  be  reserved  for  school  purposes  only. 

§  13.  That  five  per  centum  of  the  proceeds  of  the  sales  of  public  lands  ly- 
ing within  said  states  which  shall  be  sold  by  the  United  States  subsequent  to 
the  admission  of  said  states  into  the  union,  after  deducting  all  expenses  incident 
to  the  same,  which  shall  be  paid  to  the  said  states,  to  be  used  as  a  permanent 
fund,  the  interest  of  which  only  shall  be  expended  for  the  support  of  common 
schools    within    said    states,    respectively. 

§  14.  That  the  lands  granted  to  the  territories  of  Dakota  and  Montana 
by  the  act  of  February  18,  1881,  *  *  *  are  hereby  vested  in  the  states 
of  South  Dakota,  North  Dakota  and  Montana,  respectively,  *  *  *  to  the 
extent  of  the  full  quantity  of  seventy-two  sections  to  each  of  said  states,  *  * 
but  said  act  of  February  18,  1881,  shall  be  so  amended  as  to  provide  that 
none  of  said  lands  shall  be  sold  for  less  than  $10  per  acre,  and  the  proceeds  shall 
constitute  a  permanent  fund  to  be  safely  invested  and  held  by  said  states  sev- 
erally, and  the  income  thereof  be  used  exclusively  for  university  purposes. 
*  *  *  None  of  the  lands  granted  in  this  section  shall  be  sold  at  less  than 
$10  per  acre;  but  said  lands  may  be  leased  in  the  same  manner  as  provided  in 
section  11  of  this  act.  The  schools,  colleges  and  universities  provided  for  in 
this  act  shall  forever  remain  under  the  exclusive  control  of  the  said  states,  re- 
spectively, and  no  part  of  the  proceeds  arising  from  the  sale  or  disposal  of  any 
lands  herein  granted  for  educational  purposes  shall  be  used  for  the  support  of 
any   sectarian   or   denominational   school,    college,    or   university.      *      *      * 

§  16.  That  90,000  acres  of  land,  to  be  selected  and  located  as  provided  in 
section  10  of  this  act,  are  hereby  granted  to  each  of  said  states,  except  to  the 
state  of  South  Dakota,  to  which  120,000  acres  are  granted,  for  the  use  and  sup- 
port of  agricultural  colleges  in  said  states,  as  provided  in  the  acts  of  congress 
making  donations  of  lands  for  such  purpose. 

§  17.  That  in  lieu  of  the  grant  of  land  for  purposes  of  internal  improve- 
ment made  to  new  states  by  the  eighth  section  of  the  act  of  September  4,  1841, 
which  act  is  hereby  repealed  as  to  the  states  provided  for  by  this  act,  and  in 
lieu  of  any  claim  or  demand  by  the  said  states,  or  either  of  them,  under  the  act 
of  September  28,  1850,  and  section  2479  of  the  revised  statutes,  making  a  grant 


STATE  OF  NORTH  DAKOTA 


of  swamp  and  overflowed  lands  to  certain  states,  which  grant  it  is  hereby  de- 
clared is  not  extended  to  the  states  provided  for  in  this  act,  and  in  lieu  of  any 
grant  of  saline  lands  to  said  states,  the  following  grants  of  lands  are  hereby 
made,  to-wit: 

To  the  State  of  South  Dakota:  For  the  school  of  mines,  40,000  acres;  for 
the  reform  school,  40,000  acres;  for  the  deaf  and  dumb  asylum,  40,000  acres; 
for  the  agricultural  college,  40,000  acres;  for  the  university,  40,000  acres;  for 
the  state  normal  schools,  80,000  acres;  for  public  buildings  at  the  capital  of 
said  state,  50,000  acres,  and  for  such  other  educational  and  charitable  purposes 
as  the  legislature  of  said  state  may  determine,  170,000  acres;  in  all  500,000 
acres. 

To  the  State  of  North  Dakota  a  like  quantity  of  land  as  in  this  section  granted 
to  the  state  of  South  Dakota  and  to  be  for  like  purposes,  and  in  like  proportion 
as  far  as  practicable. 


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794645 


GENERAL  SCHOOL   I. AW  G 


CONSTITUTIONAL  PROVISIONS 

[Adopted   October  1,   1889.] 


PREAMBLE. 

We  the  people  of  North  Dakota,  grateful  to  Almighty  God  for  the  blessings 
of  civil  and  religious  liberty,  do  ordain  and  establish  this  Constitution. 

ARTICLE  II. 

The  Legislative  Department. 
J  69.     The  legislative  assembly  shall   not  pass  local   or  special  laws  in   any 

of  the  following  enumerated  cases,  that  is  to  say: 

******** 

12.     Providing  for  the  management  of  common  schools. 

ARTICLE  III. 

§  82.  There  shall  be  chosen  by  the  qualified  electors  of  the  state  at  the  time 
and    places    of    choosing    members    of   the    legislative    assembly    a  '  * 

superintendent  of  public  instruction  *  *  *  who  shall  have  attained  the 
age  of  twenty-five  years,  shall  be  a  citizen  of  the  United  States,  and  shall  have 
the  qualifications  of  state  electors.  They  shall  severally  hold  their  offices  at 
the  seat  of  government  for  the  term  of  two  years,  and  until  their  successors 
are  elected  and  duly  qualified. 

§  83.  The  powers  and  duties  of  the  *  *  *  superintendent  of  pub- 
lic instruction,      *      *     *     shall  be  as  prescribed   by  law. 

§  84.  Until  otherwise  provided  by  law,  the  *  *  superintendent  of  pub- 
lic instruction,  *  *  shall  each  receive  an  annual  salary  of  $2,000;  *  * 
but  the  salary  of  any  of  said  officers  shall  not  be  increased  or  diminished  dur- 
ing the  period  for  which  they  shall  have  been  elected,  and  all  fees  and  profits 
arising  from  any  of  the  said  offices  shall  be  covered  into  the  state  treasury. 

ARTICLE  V. 

elective  franchise. 

§  121.  Amended.]  Every  male  person  of  the  age  of  twenty-one  years 
or  upwards  belonging  to  either  of  the  following  classes,  who  shall  have  resided 
in  the  state  one  year,  and  in  the  county  six  months,  and  in  the  precinct  ninety 
days  next  preceding  any  election,  shall  be  deemed  a  qualified  elector  at  such 
election. 

First — Citizens  of  the  United  States. 

Second — Civilized  persons  of  Indian  descent  who  shall  have  severed  their 
tribal   relations  two  years   next  preceding  such   election. 

(See  sec.  480  Revised  Codes,  also  State  v.  Denoyer,  6  N.  D.  586.) 

§  123.  Electors  shall  in  all  cases  except  treason,  felony,  breach  of  the  peace 
or  illegal  voting,  be  privileged  from  arrest  on  the  days  of  election  during  their 
attendance  at,  going  to  and  returning  from  such  election,  and  no  elector  shall 
be  obliged  to  perform  military  duty  on  the  day  of  election  except  in  time  of 
war    or    public    danger. 


STATE  OF  NORTH  DAKOTA 


§  125.  No  elector  shall  he  deemed  to  have  lost  his  residence  in  this  state 
hy  reason  of  his  absence  on  business  of  the  United  States  or  of  this  state,  or 
in  the  military  or  naval  service  of  the  United  States. 

§  126.  No  soldier,  seaman  or  marine  in  the  army  or  navy  of  the  United 
States  shall  be  deemed  a  resident  of  this  state  in  consequence  of  his  being  sta- 
tioned   therein. 

§  127.  Amended.]  No  person  who  is  under  guardianship,  non  compos 
mentis  or  insane,  shall  be  qualified  to  vote  at  any  election;  nor  shall  any  per- 
son convicted  of  treason  or  felony,  unless  restored  to  civil  rights;  and  the  leg- 
islature shall  by  law  establish  an  educational  test  as  a  qualification,  and  may 
prescribe  penalties  for  failing,  neglecting  or  refusing  to  vote  at  any  general 
election. 

§  128.  Any  woman  having  the  qualifications  enumerated  in  section  121  of 
this  article  as  to  age,  residence  and  citizenship,  and  including  those  now  qual- 
ified by  the  laws  of  the  territory,  may  vote  for  all  school  officers,  and  upon  all 
questions  pertaining  solely  to  school  matters,  and  be  eligible  to  any  school 
office. 

§  129.  All  elections  by  the  people  shall  be  by  secret  ballot  subject  to  such 
regulations  as  shall  be  provided  by  law. 

ARTICLE  VIII. 

EDUCATION. 

§  147.  A  high  degree  of  intelligence,  patriotism,  integrity  and  morality  on 
the  part  of  every  voter  in  a  government  by  the  people  being  necessary  in  order 
to  insure  the  continuance  of  that  government  and  the  prosperity  and  happi- 
ness of  the  people,  the  legislative  assembly  shall  make  provision  for  the  estab- 
lishment and  maintenance  of  a  system  of  public  schools  which  shall  be  open  to 
all  children  of  the  State  of  North  Dakota  and  free  from  sectarian  control.  The 
legislative  requirements  shall  be  irrevocable  without  the  consent  of  the  United 
States  and  the  people  of  North  Dakota. 

§  148.  The  legislative  assembly  shall  provide  at  its  first  session  after  the 
adoption  of  this  Constitution  for  a  uniform  system  of  free  public  schools 
throughout  the  state;  beginning  with  the  primary  and  extending  through  all 
grades  up  to  and  including  the  normal  and  collegiate  course. 

§  149.  In  all  schools  instruction  shall  be  given  as  far  as  practicable,  in 
those  branches  of  knowledge  that  tend  to  impress  upon  the  mind  the  vital  im- 
portance  of  truthfulness,  temperance,  purity,  public  spirit,  and  respect  for  hon- 
est labor  of  every  kind. 

j  150.  A  superintendent  of  schools  for  each  county  shall  l>e  elected  every 
two  years,  whose  qualifications,  duties,  powers  and  compensation  shall  be  fixed 
by  law. 

§  L51.  The  legislative  assembly 'shall  take  such  other  steps  as  may  !)<•  nec- 
essary to  prevent  illiteracy,  secure  a  reasonable  flegree  of  uniformity  in  course 
of  study   and    to   promote   industrial,   scientific   ami   agricultural    improvement. 

§  152.  All  colleges,  universities  ami  other  educational  institutions,  for  the 
support  of  which  lands  have  been  granted  to  iliis  stale,  or  which  are  supported 
by  a  public  lax,  shall  remain  under  the  absolute  and  exclusive  control  of  the 
.-tale.  No  money  raised  for  the  support  of  the  public  schools  of  tin-  state  shall 
he  appropriated  to  or  used  for  the  support   of  any  sectarian  school. 


10  GENERAL  SCHOOL  LAWS 


ARTICLE  1.— SUPERINTENDENT  OF  PUBLIC  INSTRUCTION. 

§  1105.  Qualifications  of,  term  of  office.]  There  shall  be  elected  by 
the  qualified  electors  of  the  state  at  the  time  of  choosing  members  of  the  legis- 
lative assembly,  a  superintendent  of  public  instruction,  who  shall  have  attained 
the  age  of  twenty-five  years,  who  shall  have  the  qualifications  of  an  elector 
for  that  office,  and  be  the  holder  of  a  teacher's  certificate  of  the  highest  grade, 
issued  in  this  state.  He  shall  hold  his  office  at  the  seat  of  government  for  the 
term  of  two  years,  commencing  on  the  first  Monday  in  January  following  his 
election,  and  until  his  successor  is  elected  and  qualified. 

§  1106.  To  preserve  miscellaneous  documents.]  He  shall  preserve  in 
his  office  all  books,  maps,  charts,  works  on  education,  school  reports  and  school 
laws  of  other  states  and  cities,  plans  for  school  buildings  and  other  articles  of 
educational  interest  and  value  which  may  come  into  his  possession  as  such  of- 
ficer, and  at  the  expiration  of  his  term  he  shall  deliver  them  together  with  the 
reports,  statements,  records  and  archives  of  his  office  to  his  successor. 

§  1107.  Supervision  of  schools.]  He  shall  have  the  general  supervision 
of  the  public  schools  of  the  state  and  shall  be  ex-officio  a  member  of  the  board 
of  university  and  school  lands  and  of  the  normal  school  board  of  the  state. 

§  1108.  To  furnish  school  supplies,  blanks,  etc.]  He  shall  prepare, 
cause  to  be  printed  and  furnished  to  the  proper  officers  or  persons  all  district 
clerks'  record  books  and  warrant  books,  school  treasurers'  record  books,  school 
registers,  reports,  statements,  notices  and  returns  needed  or  required  to  be 
used  in  the  schools  or  by  the  school  officers  of  the  state.  He  shall  prepare  and 
furnish  to  school  officers,  through  the  county  superintendents,  lists  of  publi- 
cations approved  by  him  as  suitable  for  district  libraries;  such  lists  shall  contain 
also  the  lowest  price  at  which  each  publication  can  be  purchased  and  such  other 
information  relative  to  the  purchase  of  district  libraries  as  he  may  deem  req- 
uisite. 

§  1109.  Prescribe  course  of  study.]  He  shall  prepare  and  prescribe 
a  course  of  study  for  all  the  common  schools  of  the  state. 

§  1110.  Advise  county  superintendents.]  He  shall  counsel  with  and 
advise  county  superintendents  and  boards  of  education  in  special  or  independ- 
ent school  districts  upon  all  matters  involving  the  welfare  of  schools  and  he 
shall,  when  requested,  give  them  written  answers  to  all  questions  concerning 
the  school  law.  He  shall  decide  all  appeals  from  the  decision  of  the  county 
superintendents  and  may  for  such  decisions  require  affidavits,  or  verified  state- 
ments or  sworn  testimony  as  to  the  facts  in  issue.  He  shall  prescribe  and  cause 
to  be  enforced,  rules  of  practice  and  regulations  pertaining  to  the  hearing  and 
determination  of  appeals  and  necessary  for  carrying  into  effect  the  school  laws 
ot  the  state. 

§  1111.  Conference  with  county  Superintendents.]  He  shall  meet 
with  any  or  all  of  the  county  superintendents  of  the  state  at  such  time  and  place 
as  he  shall  appoint,  giving  them  due  notice  of  such  meeting,  and  it  shall  be  their 
duty  to  attend  such  meetings.  The  object  of  such  meetings  shall  be  to  ac- 
cumulate valuable  facts  relative  lo  schools,  to  compare  views,  to  discuss  prin- 
ciples, to  hear  discussions  and  suggestions  relative  to  the  examinations  and 
qualifications  of  teachers,  methods  of  instruction,  text  books,  institutes,  vis- 
itation of  schools  and  other  matters  relating  to  the  public  schools. 


STATE  OF  NORTH  DAKOTA 


§  1112.  Rules  for  teachers'  institutes.]  He  shall  proscribe  rules  and 
regulations  for  the  holding  of  teachers'  institutes  and  teachers'  training  schools, 
and  after  counseling  and  advising  with  the  county  superintendent  shall  appoint 
conductors  and  assistants  therefor.  He  shall  prescribe  the  course  of  instruc- 
tion for  teachers'  institutes  and  for  teachers'  training  schools. 

§  1113.  To  assist  at  teachers'  institutes.]  He  shall  when  practical, 
attend  and  assist  at  teachers'  institutes  and  aid  and  encourage  generally,  teach- 
ers in  qualifying  themselves  for  the  successful  discharge  of  their  duties;  he 
shall  labor  faithfully  in  all  practicable  ways  for  the  welfare  of  the  public  schools 
of  the  state,  and  shall  perform  such  other  duties  as  shall  be  required  of  him  by 
law. 

§  1114.  Record  of  official  acts.]  He  shall  keep  a  complete  record  of  all 
his  official  acts  and  shall  file  in  his  office  all  appeals  and  the  papers  pertaining 
thereto. 

§  1115.  Seal.]  He  shall  provide  and  keep  a  seal  by  which  all  his  official 
acts  may  be  authenticated. 

§  1116.  Biennial  report,  what  to  contain.]  He  shall,  on  or  before  the 
first  day  of  November  preceding  the  biennial  session  of  the  legislative  assembly, 
make  and  transmit  to  the  governor  a  report  showing: 

1.  The  number  of  school  districts,  schools,  teachers  employed  and  pupils 
taught  therein  and  the  attendance  of  pupils  and  studies  pursued  by  them. 

2.  The  financial  condition  of  the  schools,  their  receipts  and  expenditures, 
value  of  school  houses  and  property,  cost  of  tuition  and  salary  of  teachers. 

3.  The  condition,  educational  and  financial,  of  the  normal  and  higher  in- 
stitutions connected  with  the  school  system  of  the  state  and  as  far  as  it  can  be 
ascertained,  of  the  private  schools,  academies  and  colleges  of  the  state. 

4.  Such  general  matters,  information  and  recommendations  relating  to  the 
educational  interests  of  the  state,  as  he  may  deem  important. 

§  1117.  Reports  to  be  printed.]  Three  thousand  copies  of  the  report 
of  the  superintendent  of  public  instruction  shall  be  printed  biennially  in  the 
month  of  December  preceding  the  session  of  the  legislative  assembly.  One  copy 
shall  be  furnished  to  each  of  .the  members  of  the  legislative  assembly,  five  to 
each  state  educational  institution,  one  copy  to  each  county  superintendent  of 
the  state,  one  copy  to  the  president  of  each  school  board,  one  copy  to  each  state 
officer,  one  copy  to  each  state  and  territorial  superintendent  and  twenty  copies 
shall  be  filed  in  the  office  of  the  superintendent  of  public  instruction  and  ten 
copies  in  (he  state  library.  Copies  may  be  distributed  among  the  various 
colleges,  universities,  and  libraries  of  the  United  States. 

§  HIS.  School  laws  to  be  printed.]  He  shall  in  the  year  1911,  and  every 
four  years  thereafter,  cause  to  be  printed,  the  school  laws  of  the  slate.,  with  such 
notes  and  decisions  thereon  as  may  seem  to  him  advisable,  and  shall  furnish 
them  through  the  office  of  the  county  superintendent  of  schools,  to  the  school 
officers  of  the  state,  and  to  public  libraries  within* the  state.  At  the  close  of 
any  biennial  session  of  the  legislature  Ik-  shall  publish  in  pamphlet  form  the 
laws  pertaining  to  education  enacted  at  that  session  and  shall  distribute  them 
as  provided  for  the  distribution  of  the  school  laws. 

§  1119.  Publication  of  proceedings  of  educational  association.]  The 
slate  superintendent  of  public  instruction  is  hereby  authorized  and  required 
to  publish  annually,  as  public  matter,  not  to  exceed  one  thousand  five  hundred 


12  GENERAL  SCHOOL  LAWS 


copies  of  the  proceedings  of  the  North  Dakota  Educational  Association,  I  lie 
same  to  be  distributed  throughout  the  state  by  the  department  of  public  in- 
struction; provided,  that  a  copy  of  the  proceedings  of  said  association  shall  be 
filed  by  the  secretary  or  other  officer  of  said  association  with  the  superintend- 
ent of  public  instruction,  on  or  before  the  first  day  of  February  of  each  year. 
§  1120.  Salary.  Traveling  expenses.]  He  shall  receive  an  annual  sal- 
ary of  three  thousand  dollars  and  in  addition  thereto  his  actual  and  necessary 
traveling  expenses  incurred  in  the  discharge  of  his  official  duties,  not  exceed- 
ing one  thousand  two  hundred  dollars  in  any  one  year,  such  expenses  to  he  paid 
monthly  on  the  warrant  of  the  state  auditor  upon  his  filing  with  such  auditor 
an  itemized  statement  of  such  expenses  properly  verified.  The  state  superin- 
tendent may  appoint  a  deputy  for  whose  official  acts  he  shall  be  responsible. 
He  may  also  appoint,  an  assistant  whose  duty  shall  be  to  assist  the  state  super- 
intendent in  visiting  schools,  institutes,  attending  school  officers'  meetings  and 
to  perform  such  other  duties  as  the  state  superintendent  may  direct.  The 
state  superintendent  may  also  appoint  such  clerks  as  shall  be  necessary  in  car- 
rying on   the  work  of  his  department. 

ARTICLE  2.— COUNTY  SUPERINTENDENT  OF  SCHOOLS. 

§  1121.  Election,  term  of  office.]  There  shall  be  elected  in  each  or- 
ganized county,  at  the  same  time  other  county  officers  are  elected,  a  county 
superintendent  of  schools,  whose  term  of  office  shall  be  two  years,  commenc- 
ing on  the  first  Monday  in  January  following  his  election,  and  until  his  suc- 
cessor is  elected  and  qualified. 

§  1122.  Qualifications  of.]  No  person  shall  be  deemed  qualified  for  the 
office  of  county  superintendent  in  any  county,  who  is  not  a  graduate  of  some 
reputable  normal  school  or  higher  institution  of  learning,  or  who  does  not  hold 
at  least  a  second  grade  professional  certificate,  and  who  has  not  had  at  least 
two  years'  successful  experience  in  teaching,  one  year  of  which  shall  have  been 
in  this  state. 

§  1123.  General  dltties.]  The  county  superintendent  of  schools  shall 
have  the  general  superintendence  of  the  common  schools  in  his  county,  except 
those  in  districts  which  employ  a  city  superintendent  of  schools. 

§  1124.  General  duties,  visits.]  He  shall  visit  each  common  school  at 
least  once  each  year  and  carefully  observe  the  condition  of  the  school,  the  men- 
tal and  moral  instruction  given,  the  methods  of  teaching  employed  by  the  teach- 
er, the  teacher's  ability,  and  the  progress  of  the  pupils.  He  shall  advise  and 
direct  the  teachers  in  regard  to  the  instruction,  classification,  government  and 
discipline  of  the  school  and  the  course  of  study.  He  shall  keep  a  record  of  such 
visits  and  by  memoranda  indicate  his  judgment  of  the  teachers'  ability  to  teach 
and  govern,  and  the  condition  and  progress  of  the  school,  which  shall  be  open 
to  inspection  by  any  school  director. 

§  1125.  General  duties,* blanks,  teachers'  meetings.]  He  shall  carry 
into  effect  all  instructions  of  the  superintendent  of  public  instruction  given  with- 
in his  authority.  He  shall  distribute  to  the  proper  officers  and  to  teachers  all 
blanks  furnished  him  by  such  superintendent,  and  needed  by  such  officers  and 
teachers.  Acting  under  the  instructions  of  the  superintendent  of  public  in- 
struction, he  may  convene  the  teachers  of  his  county  not  to  exceed  one  Saturday 
in  each  month  during  which  the  public  schools  are  in  progress,  or  if  the  distance 


STATE  OF   NORTH  DAKOTA  13 


is  too  great  he  may  convene  the  teachers  of  two  or  more  districts  in  each  of  the 
several  portions  of  his  county  in  county  or  district  meetings,  for  professional 
instruction  and'for  such  other  work  as  may  be  approved  by  the  superintendent 
of  public  instruction.  Each  teacher  shall  attend  the  full  sessions  of  such  meet- 
ings when  required,  and  participate  in  the  exercise  thereof,  or  forfeit  one  day's 
wages  for  each  day's  absence  therefrom,  unless  such  absence  is  occasioned  by 
sickness  of  the  teacher  or  others  to  whom  his  attention  is  due;  but  when,  on 
account  of  distance  or  otherwise,  it  would  impose  a  hardship  upon  any  teacher 
to  attend,  or  would  cause  such  teacher  to  neglect  his  school,  the  county  super- 
intendent may  excuse  such  teacher  from  attendance. 

§  1126.  Meetings  with  school  officers.]  He  may  arrange  for  meet- 
ings with  school  officers  at  designated  times  and  places,  due  notice  of  which 
has  been  given,  for  the  purpose  of  inspecting  the  district  records  and  instruct- 
ing in  the  manner  of  keeping  the  same,  and  of  preparing  the  reports  of  district 
officers.  He  shall  visit  the  officers  of  the  several  school  districts  as  often  as 
may  be  necessary  to  secure  the  correct  keeping  of  the  records. 

§  1127.  Annual  meeting  of  school  officers.]  He  shall  convene  the 
members  and  clerks  of  the  school  boards  in  his  county,  or  such  representatives 
of  the  school  officers  of  each  district  as  the  president  or  members  of  the  school 
boards  may  appoint,  in  case  he  or  they  cannot  attend  personally,  for  the  purpose 
of  discussing  plans  and  methods  for  the  improvement  and  general  care  of  the 
schools;  provided,  further,  such  general  meeting  shall  not  occur  more  than  once 
in   each  year. 

§  1128.  Record  of  official  acts.]  He  shall  keep  a  record  of  all  his  of- 
ficial acts,  and  shall  preserve  all  books,  maps,  charts,  and  apparatus  sent  him 
as  a  school  officer,  or  belonging  to  his  office,.  He  shall  file  all  reports  and  state- 
ments from  teachers  and  school  boards  and  shall  turn  them  over  to  his  successor 
in  office.  He  shall  be  provided  with  a  seal  by  which  his  official  acts  may  be 
authenticated. 

§  1129.  Prepare  maps.]  He  shall,  on  or  before  the  first  day  ot  April  of 
each  year,  prepare  and  furnish  to  the  several  assessors  of  the  county  a  correct 
sectional  map  of  their  respective  districts,  showing  the  boundaries  and  names 
or  numbers  of  all  school  districts  therein. 

§  1130.  File  lists.]  Immediately  after  the  July  meeting  of  the  school 
boards,  the  county  superintendent  shall  file  with  the  county  auditor  and  the 
county  treasurer  a  list  of  the  names  of  all  persons  chosen  as  presidents  and 
clerks  of  the  several   school    hoards  in   his  county. 

§  1131.  Apportionment  of  state  tuition  fund.]  He  shall  make  appor- 
tionment of  the  state  tuition  fund  among  the  school  corporations  of  the  county, 
as   provided   in    this  chapter. 

§  1132.  To  decide  questions  of  controversy.]  He  shall  decide  all 
mailers  in  controversy  arising  in  his  county  in  the  administration  of  the  school 
law  or  appealed  to  him  from  the  decision  of  school  officers  or  boards.  An  ap- 
peal may  lie  taken  from  his  decision  to  the  superintendent  of  public  instruction, 
in  which  case  a  lull  written  sta lenient  of  the  facts,  together  with  the  testimony 
and  his  decision  in  the  case  shall  be  certified  to  the  superintendent  of  public 
instruction  for  his  decision  in  the  mailer,  which  decision  shall  be  final,  subject 
to  adjudication  or  the  proper  legal  remedies  in  the  courts. 

§  113)5.     Powbb  to  administer  oaths.]     lie  shall  have  power  to  administer 


14  GENERAL  SCHOOL  LAWS 


the  oath  of  office  to  all  subordinate  school  officers,  and  to  witnesses  and  to  ex- 
amine them  under  oath  in  all  controversies  pending  before  him  arising  in  the 
administration  of  the  school  laws;  but  he  shall  not  receive  pay  for  administer- 
ing such  oath. 

§  1134.  Report  delinquent  teachers,  when.1  He  shall  see  to  it  that 
the  pupils  are  instructed  in  the  several  branches  of  study  reguired  by  law  to 
be  taught  in  the  schools,  as  far  as  they  are  qualified  to  pursue  them.  If  any 
teacher  neglects  or  refuses  to  give  instruction  as  required  by  law  in  physiology 
and  hygiene  and  the  nature  and  effect  of  alcoholic  drinks  and  other  narcotics, 
the  county  superintendent  shall  promptly  notify  the  secretary  of  the  state 
board  of  education. 

§  1135.  Report  to  state  superintendent.]  He  shall,  on  or  before  the 
fifteenth  day  of  September  in  each  year,  make  and  transmit  a  report  to  the 
superintendent  of  public  instruction,  containing  such  statistics,  items  and  state- 
ments relative  to  the  schools  of  the  county,  as  may  be  required  by  such  super- 
intendent. Such  report  shall  be  made  upon  and  conform  to  the  blanks  fur- 
nished by  the  superintendent  of  public  instruction  for  that  purpose.  He  shall 
not  be  paid  his  salary  for  the  last  month  of  his  official  year  until  he  presents 
to  the  county  commissioners  the  receipt  of  the  superintendent  of  public  in- 
struction for  such  annual  report. 

§  1136.  Deputies.  How  appointed.  Salary.]  In  counties  having  fifty 
or  more  schools,  the  county  superintendent  may  appoint  an  office  deputy,  for 
whose  acts  as  such  he  shall  be  responsible,  which  deputy  shall  be  entitled  to 
a  salary  equal  to  fifty  per  cent  of  the  county  superintendent's  salary,  provided, 
that  in  counties  having  150  or  more  schools,  the  county  superintendent  shall 
be  allowed  one  deputy  for  each  100  schools  or  major  fraction  thereof  under 
the  supervision  of  said  superintendent.  Such  deputies  shall  be  for  the  pur- 
pose of  assisting  the  county  superintendent  in  visiting  schools  and  in  the  gen- 
eral supervision  of  the  educational  work  of  the  county.  They  shall  possess 
the  qualifications  of  the  county  superintendent  of  schools  specified  in  section 
1122  of  this  chapter  and  shall  each  receive  a  salary  of  two  hundred  (200)  dollars 
per  annum  in  excess  of  that  paid  to  the  office  deputy. 

§  1137.  Salary  and  expenses.]  The  county  superintendent  of  schools 
shall  receive  an  annual  salary  equal  to  that  paid  to  the  register  of  deeds  of  his 
county,  which  salary  shall  be  paid  monthly  on  the  warrant  of  the  county  audi- 
tor on  the  county  treasurer,  and  in  addition  thereto  he  shall  receive  ten  cents 
per  mile  for  the  distance  actually  and  necessarily  traveled  by  him  or  his  field 
deputy  in  the  discharge  of  his  duties  within  the  county  and  in  attendance  at 
meetings  of  county  superintendents  called  by  the  superintendent  of  public 
instruction  as  provided  by  law.  He  shall  at  the  end  of  every  three  months 
make  and  furnish  to  the  county  commissioners  an  itemized  statement  sub- 
scribed and  sworn  to  of  the  distance  so  traveled  in  the  discharge  of  his  duties, 
which  shall  be  audited  and  ordered  paid  by  the  board  of  county  commissioners. 

§  1138.  Office  postage  and  stationery.]  He  may  provide  for  himself 
a  suitable  office  for  the  transaction  of  official  business  when  not  provided  there- 
with by  the  county  commissioners,  and  such  commissioners  shall  audit  and 
pay  his  reasonable  accounts  for  the  use  and  furniture  of  such  office.  They 
shall  also  furnish  him  with  all  necessary  books,  stationery  and  postage. 

§  1139.     Shall  not  absent   himself  from  county.]     No  county  superin- 


STATE  OF  NORTH  DAKOTA  15 


tendent  of  schools  shall  engage  in  any  profession  or  occupation,  nor  shall  he 
absent  himself  from  the  county  or  district  for  which  he  is  elected,  to  engage 
in  any  occupation,  profession  or  pursuit  during  the  term  for  which  he  is  elected 
for  such  time  and  in  such  manner  as  to  interfere  with  the  proper  discharge  of 
his  duties  as  county  superintendent  of  schools. 

ARTICLE  3.— COMMON  SCHOOL  DISTRICTS. 

§  1140.  Each  school  district  a  corporation.]  Each  and  every  school 
district  in  this  state  now  legally  organized  or  which  shall  be  organized  here- 
after shall  be  and  is  hereby  constituted  a  public  corporation  to  be  known  and 

designated    as    : s^lool    district     No of 

County,  State  of  North  Dakota,  with  its  proper  name 

or  number  inserted  in  the  blank  space  provided  and  with  the  name  of  the  county 
inserted  in  the  blank  before  the  word  county;  and  in  its  own  proper  name,  or 
number,  as  such  corporation  it  may  sue  and  be  sued,  contract,  and  be  con- 
tracted with  and  may  acquire,  purchase,  hold  and  use  personal  and  real  prop- 
erty for  school  purposes  or  for  the  purposes  mentioned  in  this  act  and  may  sell 
and  dispose  of  the  same. 

§  1141.  What  territory  may  be  organized  into  district  school  cor- 
porations.] The  county  commissioners  of  each  county  in  the  state  shall  or- 
ganize into  a  school  district  any  territory  not,  at  the  taking  effect  of  this  act, 
already  organized  into  a  school  district  upon  being  petitioned  so  to  do  by  at  least 
one-third  of  the  residents  of  such  territory  having  the  care  and  custody  of  any 
child  of  school  age;  provided,  such  territory  shall  consist  of  not  less  than  one 
congressional  township  and  shall  have  at  least  twelve  thousand  dollars  in  tax- 
able property  and  at  least  ten  children  of  school  age  residing  therein. 

§  1142.  When  school  corporations  may  be  divided  and  attached  to 
other  districts.]  If  a  portion  of  any  such  school  district  having  not  more 
than  ten  children  of  school  age  residing  therein  is  separated  from  the  other  por- 
tion of  such  district  by  any  natural  obstacle  which  practically  prevents  such 
children  from  attending  school  in  such  other  portion,  the  county  commission- 
ers of  the  county  may  annex  such  portion  so  separated,  to  an  adjoining  school 
district,  and  the  portion  so  annexed  shall  constitute  a  part  of  such  adjacent 
school  district.  If  such  adjacent  district  lies  in  another  county,  the  county 
commissioners  of  the  two  counties  may  jointly  make  such  annexation;  pro- 
vided, that  whenever  portions  of  a  school  district  lie  in  different  civil  townships 
there  may  be  created  therefrom  two  or  more  distinct  school  districts,  when 
in  the  judgment  of  such  commissioners  and  the  county  superintendent, 
such  change  can  he  made  without  detriment  to  the  school  or  to  the  pupils  there- 
in, and  the  division  can  be  made  by  following  the  boundary  line  or  lines  of  con- 
gressional townships,  or  the  meander  lines  of  the  government  survey. 

§  1143.  Annexation  ok  SCHOOL  districts.]  If  a  town  or  village  not  or- 
ganized into  a  special  district  is  divided  by  a  civil  township  line  or  if  such  town 
or  village  is  divided  by  any  county  line,  the  county  commissioners  of  such 
county,  or  the  county  commissioners  of  such  adjacent  counties  acting  in  joint 
session,  as  the  case  may  be,  may,  when  petitioned  so  to  do  by  a  majority  of  the 
voters  of  each  part  of  said  town  or  village,  annex  one  part  of  such  town  or  vil- 
lage to  the  adjacent  school  district  which  includes  the  other  part  of  such  town 


Hi  GENERAL  SCHOOL  LAWS 


or  village  and  the  part  so  annexed  shall  constitute  a  portion  of  such  adjacent 
district. 

§  1144.  When  civil  townships  may  consolidate  into  school  districts.] 
In  any  county  in  this  state,  if  a  civil  township,  having  less  than  fifteen  per- 
sons of  school  age  residing  therein,  by  reason  of  the  irregular  course  of  natural 
boundary,  contains  less  than  twelve  square  miles  of  territory,  it  shall  consti- 
tute a  portion  of  the  adjacent  school  district  with  which  it  has  the  longest  com- 
mon boundary  line. 

§  1145.  School  districts.  How  named.]  Each  school  district  consti- 
tuted or  formed  under  the  provisions  of  this  article,  shall  be  designated  a  school 
district  as  distinguished  from  a  civil  township  or  congressional  township,  and 
shall  be  named  as  follows:  Each  school  district  which  consists  of  a  civil  town- 
ship shall  be  named  " School  District  of  , 

County,  State  of  North  Dakota,"  with  the  name  of  the  civil  township  inserted 
in  the  blank  before  the  word  "school"  and  the  name  of  the  county  in  which 
it  is  situated  inserted  before  the  word  "county."  Each  school  district  which 
consists  of  territory  not  organized  into  a  civil  township,  but  which  has  already 
a  distinctive  name,  may  by  a  majority  vote  at  any  annual  school  election,  after 
such  territory  has  been  organized  into  a  civil  township,  change  such  distinctive 
name  to  conform  to  the  name  given  the  civil  township.  Each  school  district 
consisting  of  territory  not  organized  into  a  civil  township  which  has  no  dis- 
tinctive name  shall  be  named  "School  District  No of 

County,  State  of  North  Dakota,"  which  is  organized  for  school  purposes  under 
the  district  system  at  the  taking  effect  of  this  act,  the  several  school  districts 
shall  retain  and  be  known  by  the  number  which  they  have  respectively  at  the 
time  of  the  taking  effect  of  this  act  and  any  school  district  hereafter  formed 
in  any  such  county  shall  be  known  by  the  number  next  higher  than  that  of  the 
highest    pre-existing    numbered    district. 

§  1146.  Boundaries,  how  changed.]  The  board  of  county  commis- 
sioners and  county  superintendent  of  schools  may  change  the  boundaries  of 
any  school  district  or  consolidate  two  or  more  districts  already  organized  if 
in  their  judgment  such  change  is  desirable  or  necessary  upon  being  petitioned 
so  to  do  by  a  majority  of  the  school  voters  residing  in  the  districts  whose  boun- 
daries will  be  affected  by  such  change. 

§  1147.  New  common  school  districts.  How  organized.]  The  board 
of  county  commissioners  and  county  superintendent  may  organize  a  new  school 
district  from  portions  of  school  districts  already  organized,  if  in  their  judgment 
the  organization  of  a  new  district  is  desirable  and  necessary,  upon  being  pe- 
titioned so  to  do  by  at  least  a  majority  of  the  school  voters  residing  in  the  dis- 
tricts whose  boundaries  will  be  affected  by  the  organization  of  a  new  district, 
and  by  at  least  three-fourths  of  the  residents  of  the  territory  to  be  included  in 
the  new  district.  No  school  district  shall  be  organized  under  the  provisions 
of  this  section  which  shall  have  less  than  twenty  thousand  dollars 
assessed  valuation  and  shall  have  residing  therein  less  than  twelve  children 
of  school  age;  provided,  that  when  the  districts  from  portions  of  which  -such 
new  districts  is  sought  to  be  organized,  lie  in  two  or  more  adjoining  counties, 
such  new  district  shall  be  organized  by  the  concurrent  action  of  the  boards 
of  county  commissioners  and  county  superintendents  of  such  counties;  pro- 
vided,  further,   that  action   on  such   organizations   shall   be   taken   only   at  the 


STATE  OF  NORTH  DAKOTA  17 


July  meeting  of  the  county  commissioners  when  petitioned  by  a  majority  of 
the  voters  residing  in  each  of  the  districts  to  be  affected.  Provided,  further, 
that  the  county  commissioners  and  county  superintendent  of  schools  may  or- 
ganize a  new  school  district  from  portions  of  school  districts  already  organized, 
if  in  their  judgment  a  new  school  district  is  desirable  and  necessary,  upon  be- 
ing petitioned  so  to  do  by  at  least  three-fourths  of  the  school  voters  residing 
within  the  territory  to  be  included  in  the  new  district,  provided,  such  proposed 
new  district  shall  have  an  assessed  valuation  of  at  least  one  hundred  twenty 
thousand  dollars,  and  shall  have  an  area  equal  to  a  congressional  township 
or  major  fraction  thereof  and  shall  have  residing  therein  at  least  twelve  children 
of  school  age;  provided,  that  such  organization  will  not  leave  the  district  from 
which  such  new  district  is  sought  to  be  organized  with  an  area  of  less  than  one 
congressional  township  and  an  assessed  valuation  of  at  least  one  hundred  fifty 
thousand   dollars. 

§  1148.  Public  notice  given.]  Whenever  the  board  of  county  commis- 
sioners and  county  superintendent  of  schools  shall  be  petitioned  to  organize  a 
new  school  district  or  to  change  the  boundaries  of  districts  already  organized, 
the  county  superintendent  shall  give  public  notice,  for  at  least  thirty  days,  to 
the  residents  of  the  districts  whose  boundaries  will  be  affected  by  the  organiza- 
tion of  the  new  district,  by  mailing  a  notice  to  that  effect  to  each  school  officer 
of  such  districts,  and  by  publishing  the  same  in  the  official  newspaper  of  the 
county  published  nearest  that  district. 

§  1149.  Plats  of  school  districts  prepared  by  county  auditor.  Rec- 
ord.] The  county  auditor  shall  prepare  a  record  or  plat  of  his  county  show- 
ing the  boundaries,  name  or  number  of  school  districts  in  said  county  which 
record  shall  remain  on  file  in  his  office.  Whenever  the  boundaries  of  a  school 
district  are  changed  or  a  new  school  district  organized  the  county  auditor  shall 
make    a    record    of    the    same. 

§  1150.  Legalizing  irregularities.]  All  school  districts,  whether  duly 
and  legally  organized  under  the  provisions  of  statute,  or  not,  which  for  one 
year  or  more  last  past  had  a  de  facto  organization,  and  also  all  school  districts, 
whether  duly  and  legally  organized  under  the  provisions  of  statute  or  not,  which 
have'  heretofore  attached  or  attempted  to  attach  territory  out  side  of  the  limits 
thereof  and  adjacent  to  such  district,  and  now  included  in  the  territory  com- 
prising or  exercising  the  powers  of  such  school  district,  are  hereby  declared 
to  be  legally  organized  and  are  authorized  to  exercise  all  the  functions  of  school 
districts  which  have  been  duly  and  legally  organized  as  provided  by  statute, 
with  the  boundaries  which  they  may  have  at  the  time  of  going  into  effect  of 
this  article,  and  all  contracts  and  obligations  of  said  districts  and  the  acts  of 
the  officials  thereof  are  hereby  ratified  and  confirmed  so  far  as  to  give  them^ 
the  same  validity  which  they  would  have  had  if  such  districts  had  been  legallly 
organized. 

ARTICLE  4.— ELECTION  OF  OFFICERS  IN   COMMON 
SCHOOL  DISTRICTS. 

§  1151.  Officers  to  be  elected.]  On  the  first  Tuesday  in  .June  of  each 
year  there  shall  be  elected  one  school  director  for  the  term  of  three  years  and 
on  the  first  Tuesday  in  June  of  each  even  numbered  year  a  school  treasurer 
for  the  term  of  two  years.     Such  officers  shall  hold  their  respective  offices  from 


18  GENERAL  SCHOOL  LAWS 


the  second  Tuesday  in  July  following  their  election  for  the  number  of  years 
respectively  for  which  they  were  elected,  and  until  their  successors  are  elected 
and  qualified.  At  the  first  election  for  the  organization  of  a  new  school  dis- 
trict there  shall  be  elected  at  large  for  such  school  district  three  directors,  one 
to  serve  until  the  first  annual  election,  one  to  serve  until  the  second  annual 
election  thereafter  and  one  to  serve  until  the  third  annual  election  thereafter, 
and  a  school  treasurer  to  serve  until  the  annual  election  in  the  next  even  num- 
bered year  and  until  his  successor  is  elected  and  qualified. 

§  1152.  Polling  places,  how  established.  Appointment  of  elec- 
tion officers.]  The  county  superintendent  in  each  county  shall,  at  least 
twenty-one  days  prior  to  the  first  election  in  the  new  district,  fix  and  desig- 
nate some  polling  place  in  each  school  district  so  located  as  to  be  convenient 
for  the  voters  of  such  district,  and  shall  appoint  two  persons  to  act  as  judges 
and  two  to  act  as  clerks  of  the  election  of  such  school  officers;  such  judges  and 
clerks  shall  be  qualified  voters  in  their  respective  districts.  The  county  super- 
intendent shall  notify  in  writing  such  judges  and  clerks  of  their  appointment, 
and  of  the  place  fixed  and  designated  as  the  polling  place  in  their  respective 
districts  and  shall  furnish  them  with  the  necessary  blanks  and  poll  books  for 
such  election.  He 'shall  also  furnish  one  of  such  clerks  with  three  notices  of 
such  election  specifying  the  time  and  place  at  which  such  election  is  to  be  held. 
The  officers  to  be  elected  and  term  of  each  which  notices  such  clerk  shall  post 
in  three  of  the  most  public  places  in  the  district  at  least  fourteen  days  prior 
to  such  election.  The  county  superintendent  shall  fix  the  date  and  perform 
such  other  duties  as  devolve  upon  him  by  the  provisions  of  this  section  for  the 
first  election  in  any  school  district  hereafter  formed  under  the  provisions  of 
this  chapter,  and  such  election  shall  be  called  by  the  county  superintendent 
within  thirty  days  after  the  formation  of  such  school  district. 

§  1153.  Who  Qualified  to  vote  or  hold  office.]  At  any  election  of 
school  officers  in  any  school  district  in  this  state  all  persons  who  are  qualified 
electors  under  the  general  laws  of  the  state  and  all  women  twenty-one  years 
of  age  having  the  necessary  qualifications  as  to  citizenship  and  residence  re- 
quired of  male  voters  by  law,  shall  be  qualified  voters  and  shall  be  eligible  to 
the  office  of  county  superintendent  of  schools,  school  director,  district  treas- 
urer, school  district  clerk,  or  member  of  the  board  of  education,  or  may  be 
judge  or  clerk  of  such  election:  provided,  however,  that  the  county  superin- 
tendent shall   possess  the  educational   qualifications  named  in  section   1122. 

§  1154.  Hours  polls  open.]  At  all  elections  for  school  district  officers 
the  polls  shall  be  opened  at  2  o'clock  p.  m.  and  closed  at  5  o'clock  p.  m. 

§  1155.  Notice  of  annual  election.]  At  least  fourteen  days  before  the 
first  Tuesday  in  June  of  each  year  the  district  school  board  of  each  school  dis- 
trict shall  designate  one  polling  place  as  convenient  as  possible  to  the  voters 
of  such  district  at  which  such  annual  election  shall  be  held,  and  shall  cause 
notice  of  such  election  to  be  posted  in  at  least  three  of  the  most  public  and  con- 
spicuous places  within  the  district.  Such  notices  shall  be  signed  by  the  clerk 
or  in  his  absence  by  the  president  of  the  district  school  board,  and  shall  state 
the  time  and  place  of  holding  such  election,  and  the  officers  to  be  elected  and 
their  terms  of  office,  and  shall  be  substantially  in  the  following  form: 

Notice  is  hereby  given  that  on  Tuesday,   the  day  of  June,   A. 

D.    19 {....,   an  election   will   be  held   at ....(here  in- 


STATE  OF  NORTH  DAKOTA  19 


sert   polling   place)   for   the    purpose   of   electing.. 

(here  insert  officers  to  be  elected  and  term  each  is  to  serve)  for  School  District 

No or   for (here    insert    name    of    school 

district).     The  polls  will  be  opened  at  2  o'clock  p.  m.  and  closed  at  5  o'clock 
p.  m.  of  that  day. 

By  order  of  School   Board, 

i      Signed. 

§  1150.  Judge's  oath.]  At  such  annual  election  any  two  of  the  directors 
of  the  school  district  may  act  as  judges  and  the  clerk  of  the  district  school  board 
and  one  other  person  to  be  chosen  by  the  voters  present  at  the  opening  of  the 
polls,  shall  act  as  clerks.  The  voters  present  at  the  opening  of  the  polls  shall 
choose  a  person  to  fill  any  vacancy  caused  by  the  absence  of  either  of  such  of- 
ficers to  act  as  judge  or  clerk  of  such  election.  Before  opening  the  polls  each 
of  the  judges  and  clerks  of  election  shall  take  and  subscribe  the  following  oath 
'or  affirmation:  "I  do  solemnly  swear  (or  affirm)  that  I  will  perform  my  du- 
ties as  judge  or  clerk  (as  the  case  may  be)  according  to  law  and  the  best  of  my 
ability."  Such  oath  or  affirmation  may  be  administered  by  any  officer  au- 
thorized to  administer  oaths  or  by  either  of  the  judges  or  clerks.  Any  school 
officer  elected  and  qualified  under  the  provisions  of  this  chapter  is  authorized 
and  empowered  to  administer  any  oath  or  affirmation  pertaining  in  any  man- 
ner to  school  offices. 

§  1157.  Election,  how  conducted,  canvass  of  votes.]  Such  election 
shall  be  conducted  and  the  votes  canvassed  as  provided  by  law  for  general 
elections,  except  as  otherwise  provided  in  this  chapter.  Immediately  after  the 
polls  are  closed  the  judges  shall  proceed  to  count  and  canvass  the  votes  for  each 
person  voted  for  at  such  election  for  any  office,  and  the  person  receiving  the 
highest  number  of  votes  for  the  office  of  director  shall  be  declared  elected.  If 
the  election  results  in  a  tie  the  district  clerk  shall  immediately  notify  in  writing 
the  parties  having  received  such  tie  votes,  and  a  time  shall  be  agreed  upon  by 
the  parties,  within  three  days  after  the  election,  at  which  the  election  shall  be 
decided  in  the  manner  that  may  be  agreed  upon  by  the  parties  in  the  presence 
of  the  judges  and  clerks  of  election,  and  a  record  of  the  proceedings  shall  be 
made  in  the  records  of  the  district  clerk. 

§  1158.  Certificate  of  election.]  The  clerk  of  the  school  district  shall 
within  five  days  after  such  election  furnish  each  person  elected  to  any  district 
office,  a  written  notice  of  his  election  and  of  his  duty  to  take  the  oath  of  office 
as  such  officer  on  or  before  the  second  Tuesday  in  July  following  such  election. 
He  shall  also  forward  to  the  county  superintendent  within  ten  days  after  such 
election,  a  certified  list  of  all   the  officers  elected  thereat. 

§  1159.  Oath  of  office.]  Each  person  elected  to  the  office  of  school  di- 
rector or  district  treasurer  shall  before  entering  upon  the  duties  of  his  office 
take  and  subscribe  the  oath  prescribed  in  section  211  of  the  Constitution,  which 
on  111  shall  be  filed   with   the  clerk  of  I  lie  school   district  board. 


20  GENEEAL  SCHOOL   LAWS 


ARTICLE  5.— ORGANIZATION    MEETINGS  AND  DUTIES  OF 
COMMON  SCHOOL  OFFICERS. 

§  1160.  Organization,  clerk.]  The  school  board  shall  meet  annually  on 
the  second  Tuesday  in  July  and  organize  by  choosing  one  of  the  members  pres- 
ident, and  a  competent  person,  not  a  member  of  the  board,  clerk,  who  shall 
hold  office  during  the  pleasure  of  the  board. 

§  1161.  District  school  board  Quorum.]  The  three  school  directors  in 
each  school  district  shall  constitute  the  district  school  board.  A  majority  of 
the  board  shall  constitute  a  quorum  and  the  agreement  of  a  majority  shall  be 
necessary  to  the  validity  of  any  contract  entered  into  by  the  board. 

§  1162.  Meetings  of  board.  Fees.]  The  board  shall,  on  the  second 
Tuesday  in  January,  April,  July  and  October  of  each  year,  hold  regular  meet- 
ings for  the  transaction  of  business  at  such  hour  and  place  as  may  be  fixed  by 
the  board.  A  special  meeting  may  be  held  upon  the  call  of  the  president  or 
the  other  two  members.  Written  notice  of  the  time  and  place  of  any  special 
meeting  shall  be  given  to  each  member  of  the  board  at  least  forty-eight  hours 
before  the  time  of  such  meeting.  Each  member  of  the  board  shall  be  paid  the 
sum  of  eight  dollars  per  annum,  less  two  dollars  for  each  regular  meeting  which 
he  fails  to  attend;  provided,  that  in  any  common  school  district  which  con- 
tains a  graded  school  of  three  or  more  departments  the  board  shall  hold  reg- 
ular meetings  for  the  transaction  of  business  on  the  second  Tuesday  of  each 
month  at  such  time  and  place  as  may  be  fixed  by  the  board,  and  in  such  dis- 
tricts the  members  of  the  board  shall  receive  a  compensation  of  one  dollar  for 
each  meeting  attended;  provided,  further,  the  members  and  clerks  receive  ten 
cents  a  mile  for  the  distance  necessarily  traveled  in  attending  general  meet- 
ings of  school  officers  convened  by  the  county  superintendent  and  also  a  sal- 
ary of  two  dollars,  but  the  total  sum  of  such  salary  and  mileage  shall  not  ex- 
ceed seven  dollars  for  each  officer  at  any  one  meeting. 

§  1163.  Duties  of  the  president.]  The  president  shall  preside  at  all 
meetings  of  the  board,  and  shall  perform  such  duties  as  usually  pertain  to  such 
office,  and  in  accordance  with  the  customary  rules  of  order.  In  his  absence 
a  president  pro  tempore  shall  preside.  The  president  shall  perform  such  other 
duties  as  are  prescribed  in  this  chapter. 

§  1164.  Duties  of  clerk.  Compensation.]  The  clerk  of  the  board  shall 
keep  an  accurate  record  of  all  proceedings  of  the  board,  give  or  post  all  notices, 
make  out  all  reports  and  statements  and  perform  all  other  duties  required  by 
law  or  by  the  board.  He  shall  receive  such  compensation  as  shall  be  fixed  by 
the  board,  not  less  than  ten  dollars  for  one  school  and  five  dollars  for  each  ad- 
ditional school  in  his  district;  provided,  that  such  salary  shall  not  exceed  fifty 
dollars  in  any  one  year;  provided,  further,  that  the  clerk  shall  receive  such  ad- 
ditional compensation  for  taking  the  annual  school  census  as  the  board  may 
allow. 

§  1165.  Treasurer's  bond.  How  approved.  Vacancy.  How  filled.] 
The  school  treasurer  shall  on  or  before  the  second  Tuesday  in  July  following 
his  election  and  before  entering  upon  his  duties,  give  a  bond  to  the  school  dis- 
trict conditioned  for  the  honest  and  faithful  discharge  of  his  duties  and  that 
he  will  render  a  true  account  of  all  funds  and  property  that  shall  come  into 
his  hands  and  pay  and  deliver  the  same  according  to  law.     Such  bonds  shall 


STATE  OF  NORTH  DAKOTA  21 


be  in  such  sum  as  may  be  fixed  by  the  board  but  not  less  than  double  the  sum 
to  come  into  his  hands  in  any  one  year  as  nearly  as  may  be  ascertained,  which 
bond  shall  be  signed  by  two  or  more  sufficient  sureties,  to  be  approved  by  the 
school  board.  In  ease  the  school  board  neglects  or  refuses  to  approve  the  bond 
of  such  treasurer  and  the  sureties  thereon,  such  treasurer  may  present  the  same 
to  the  county  superintendent  and  serve  notice  thereof  upon  the  board  and  due 
proof  of  such  notice  being  made  to  the  county  superintendent,  he  shall,  unless 
good  cause  for  his  delay  appears,  proceed  to  hear  and  determine  the  sufficiency 
of  the  bond  and  the  sureties  thereon,  and  may  approve  or  disapprove  the  same 
as  the  facts  warrant.  In  case  of  a  failure  to  elect  a  successor  to  any  school 
treasurer  at  the  expiration  of  his  term  of  office,  the  said  treasurer  holds  over 
and  he  shall  be  required  to  give  a  new  bond,  within  ten  days  after  notice  by  the 
board.  In  case  of  a  failure  so  to  do,  a  vacancy  shall  be  deemed  to  exist  in  said 
office  and  shall  be  tilled  as  provided  by  law.  In  case  a  vacancy  occurs  in  the 
office  of  the  school  treasurer,  it  shall  be  the  duty  of  the  county  treasurer  of  the 
county  wherein  such  school  district  is  located,  upon  being  notified  by  the  coun- 
ty superintendent  or  clerk  of  such  school  district  that  such  vacancy  exists,  to 
perform  the  duties  of  treasurer  of  such  school  district  until  the  vacancy  is  duly 
filled. 

§  1166.  When  additional  bonds  required.]  Whenever  the  amount  in 
the  hands  of  the  treasurer  or  subject  to  his  order  exceeds  two-thirds  of  the  penal 
sum  of  his  bond  or  when  in  the  judgment  of  the  board  or  of  the  county  super- 
intendent the  security  on  such  bond  is  impaired,  the  board  or  county  super- 
intendent shall  require  an  additional  bond.  If  the  treasurer  fails  for  twenty 
days  to  give  such  additional  bond,  the  office  shall  be  declared  vacant  and  the 
vacancy  shall  be  filled  as  provided  by  this  chapter. 

§  1167.  Surety  bonds.  Premiums.  How  paid.]  Every  person  hereafter 
elected  to  the  office  of  district  treasurer  within  the  state  of  North  Dakota,  be, 
and  is,  hereby  required  to  give  an  official  bond  in  a  penal  sum  to  be  fixed  by  the 
board  of  directors,  which  bond  shall  not  be  in  a  less  penal  sum  than  double  the 
amount  of  money  likely  to  come  into  his  hands  in  any  one  year,  and  such  board 
may  by  resolution  require  that  such  bond  shall  be  executed  by  some  respon- 
sible fidelity  or  surety  company  authorized  and  qualified  to  do  business  in  the 
state  of  North  Dakota,  and  subject  to  approval  as  provided  by  law;  provid- 
ed, further,  if  a  surety  bond  is  given  it  shall  be  for  a  sum  fixed  by  the  board 
of  directors.  The  amount  of  premiums  for  such  security  or  fidelity  bond  shall 
be  audited  by  the  board  of  directors  and  paid  out  of  the  general  fund  of  the 
disl  rict. 

§  1168.  School  funds.  How  paid  out.]  The  school  treasurer  shall  keep 
such  accounl  and  make  such  reports  as  are  required  of  him  by  law.  He  shall 
pay  no  money  out  of  the  funds  in  his  hands  except  upon  the  warrant  of  the 
school  board,  signed  by  I  lie  president  and  countersigned  by  the  clerk.  He 
shall  pay  all  warrants  properly  drawn  and  signed  when  presented,  if  there  is 
any  monej    in  his  hands  or  subject  to  his  order  for  their  payment. 

^  llli'.).  Warrants  to  be  endorsed  when  no  funds  to  pay.]  When  a 
school  district  wan-ant  is  presented  to  the  district  treasurer  for  payment  and 
there  is  no  money  in  his  hands  or  subject  to  his  order  belonging  to  the  proper 
fund  for  the  payment  of  such  warrants,  he  shall  indorse  on  such  warrant, 
"presented   for  payment    this  day   of  19 , 


(iKNKRAL  SCHOOL   LAWS 


and  not  paid  for  want   of  funds,"   and  shall  sign  such  indorsement.     If  he  has 

in  his  hands  or  subject  to  liis  order  money  for  the  part  payment  of  such  warrant 
he  shall  make  such  part  payment  and  indorse  the  sum  on  the  warrant  and  add 
"balance  not  paid  for  want  of  funds,"  signing  the  same.  He  shall  keep  a  correct 
register  of  all  warrants  so  presented  and  indorsed.  Each  warrant  thus  pre- 
sented and  indorsed  shall  draw  interest  on  the  amount  unpaid  at  a  rate  not  to 
exceed  seven  per  cent,  per  annum  from  the  date  of  such  presentation  and  in- 
dorsement until  paid;  provided,  that  when  there  shall  come  into  the  hands  of 
the  treasurer  or  subject  to  his  order,  money  applicable  to  the  payment  of  any 
warrant  which  has  been  so  presented  and  registered,  he  shall  notify  in  writ- 
ing by  mail,  the  drawee  of  such  warrant  at  his  last  known  place  of  residence, 
to  present  such  warrant  for  payment,  and  interest  shall  cease  upon  every  war- 
rant ten  days  after  such  notice  shall  have  been  sent,  and  such  money  shall  be 
held  for  the  payment  of  such  warrant. 

§  1170.  Warrants,  what  to  specify.]  Each  warrant  drawn  by  the  clerk 
or  the  board  on  the  district  treasurer  must  specify  the  purpose  for  which  it  is 
drawn,  the  fund  on  which  it  is  drawn  and  the  person  to  whom  payable;  and 
no  warrant  shall  be  issued  except  for  indebtedness  incurred  prior  to  its  issue. 

§  1171.  Oaths  and  bonds.  Where  to  be  filed.]  All  official  oaths  and 
bonds  of  school  district  officers  shall  be  filed  with  the  district  clerk,  who  shall 
immediately  certify  to  the  county  superintendent  the  fact  of  such  oaths  and 
bonds  being  filed.  Said  clerk  shall  file  school  treasurer's  bond  with  the  county 
auditor  after  such  bond  has  been  approved  by  the  district  school  board,  as  pro- 
vided in  this  chapter.  In  case  of  the  breach  of  any  of  the  conditions  of  the 
treasurer's  bond,  the  board,  through  its  president,  and  in  case  of  his  refusal 
so  to  do,  the  county  superintendent,  shall  cause  an  action  to  be  commenced 
and  prosecuted  thereon  in  the  corporate  name  of  the  district,  and  any  money 
collected  for  the  district  shall  be  paid  to  the  district  treasurer  and  any  money 
collected  for  fines  shall  be  paid  into  the  county  treasury  and  be  credited  to  the 
general  school  fund  of  the  state.  If  the  board  and  county  superintendent  both 
fail  or  refuse  to  bring  such  action,  any  taxpayer  in  the  district  may  commence 
and  prosecute  such  action,  and  the  necessary  expense  thereof  shall  be  paid  out 
of  the  district  treasury  unless  otherwise  ordered  by  the  court. 

§  1172.  Salary  of  school  treasurer.]  The  school  treasurer  shall  be 
paid  for  his  services  such  sum  as  shall  be  fixed  by  the  board  not  less  than  five 
nor  more  than  twenty-five  dollars  per  annum. 

ARTICLE  6.— POWERS  AND  DUTIES  OF  COMMON  SCHOOL 

BOARDS. 

§  1173.  General  powers.]  The  district  school  board  shall  have  the  gen- 
eral charge,  direction  and  management  of  the  schools  of  the  district,  and  the 
care,  custody  and  control  of  all  the  property  belonging  to  it,  subject  to  the  pro- 
visions of  this  chapter;  provided,  that  in  the  employment  of  teachers,  no  per- 
son related  by  blood  or  marriage  to  any  member  of  the  district  board  shall  be 
hired  without  the  unanimous  consent  of  the  board. 

§  1174.  Power  to  establish  schools.]  It  shall  organize,  maintain  and 
conveniently  locate  schools  for  the  education  of  children,  of  school  age  within 
the  district,  and  change  or  discontinue  any  of  them  as  provided  by  law. 


STATE  OF  NORTH  DAKOTA 


§  1175.  Repairs,  fuel  and  supplies.]  It  shall  make  all  necessary  re- 
pairs to  school  houses,  outbuildings  and  appurtenances,  and  shall  furnish  fuel 
and  all  necessary  supplies  for  the  schools  and  provide  for  janitor  service. 

§  1176.  Furniture,  maps,  register,  school  library.]  The  district  school 
shall,  with  the  approval  of  the  county  superintendent  of  schools,  furnish  to 
each  school  all  necessary  and  suitable  furniture,  maps,  charts,  globes,  black- 
boards, and  other  school  apparatus,  including  any  dictionary  which  is  recog- 
nized as  a  standard  authority.  The  school  register  and  all  school  blanks  used 
shall  be  those  furnished  by  the  state  department  of  public  instruction.  It 
shall  appropriate  and  expend  each  year  not  less  than  ten  ($10.00),  or  more 
than  twenty-five  ($25.00),  for  each  school  of  the  district  for  the  purpose  of 
school  library,  to  be  selected  by  the  school  board  and  the  teacher,  from 
any  list  of  books  authorized  by  the  superintendent  of  public  instruction,  and 
furnished  by  him  to  the  county  superintendent  for  that  purpose;  provided, 
that  all  books  purchased  for  the  library  shall  be  bound  in  cloth  or  some 
material  equally  as  durable;  provided,  further,  that  when  a  school  board 
of  a  common  school,  has  purchased  and  has  in  their  library  two  hundred  books 
as  afore  provided,  that  the  school  board  having  such  school  under  their  super- 
vision shall  be  obliged  to  expend  not  less  than  five  dollars  ($5.00),  annually, 
until  such  library  shall  contain,  in  good  condition,  three  hundred  volumes,  after 
which  said  school  board  shall  not  be  obliged  to  purchase  so  as  to  increase 
the  number,  but  shall  keep  the  books  in  good  condition,  and  replace  annually 
as  many  books  as  may  become  lost  or  destroyed. 

§  1177.  Care  of  library.  Librarian.]  It  shall  have  the  care  and  cus- 
tody of  the  library  and  may  appoint  as  librarian  any  suitable  person,  includ- 
ing one  of  their  number,  but  whenever  practicable,  the  library  shall  be  kept 
in  the  school  house  and  always  so  when  school  is  in  session.  It  shall  make 
rules  to  govern  the  circulation  and  care  of  the  books  while  in  the  hands  of  the 
pupils  or  other  persons,  subject  to  the  general  rules  as  may  be  prescribed  by 
the  state  superintendent  of  public  instruction,  and  may  impose  and  collect 
penalties  for  injuries  done  to  any  book  by  the  act,  negligence  or  permission 
of  the  person  who  takes  the  same  or  while  in  his  possession,  but  no  book  shall 
be  loaned  to  any  person  not  a  resident  of  the  district.  It  may  at  any  time 
temporarily  exchange  any  part  or  all  of  its  library  with  any  other  district  or 
persons,  so  far  as  different  books  may  be  obtained,  but  each  district  shall  re- 
call its  books  before  the  close  of  the  school  term.  It  may  at  any  time  accept 
donations  of  books  for  the  library,  but  it  shall  exclude  therefrom  all  books  un- 
suited  to  the  cultivation  of  good  character  and  good  morals  and  manners,  and 
no  sectarian  publications,  devoted  to  the  discussion  of  sectarian  differences 
and  creeds  shall  be  admit  ted  to  the  library.  It  shall  be  held  accountable  for 
the  proper  care  and  preservation  of  the  library,  and  shall  report  annually 
to  the  county  superintendent  all  library  statistics  which  may  be  required  by 
the  blanks  furnished  for  that  purpose  by  the  superintendent  of  public  instruc- 
tion. v 

§  1178.  Teachers.  How  employed.  Salaries.]  It  shall  employ  the 
teachers  of  the  school  district  and  may  dismiss  a  teacher  at  any  time  for  plain 
violation  of  contract,  gross  i  in  morality,  or  flagrant  neglecl  of  duty.  No  per- 
son shall  be  permitted  to  teach  in  any  public  school  who  is  not  the  holder  of 
a  teacher's  certificate  or  a   permit  to  teach,   valid  in  the  county  or  district  in 


24  GENERAL  SCHOOL  LAWS 


which  such  school  is  situated,  and  every  contract  for  the  employment  of  a 
teacher  must  be  in  writing  and  such  contract  must  be  executed  before  such 
teacher  begins  to  teach  in  such  school;  provided,  that  no  teacher  holding  a  valid 
certificate  shall  receive  less  than  forty-five  dollars  per  month.  Nothing  in  this 
section  shall  be  construed  to  mean  that  teachers  holding  the  same  grade  cer- 
tificate  must  necessarily  receive  the  same  salary. 

§  1179.  Pupils  from  other  districts.]  It  shall  have  the  power  to  admit 
to  the  schools  in  the  district,  pupils  from  other  districts,  when  it  can  be  done 
without  injuring  or  overcrowding  such  schools,  and  shall  make  regulations 
for  their  admission  and  the  payment  of  their  tuition.  It  shall  have  the  power 
to  arrange  with  the  board  of  another  district  for  sending  to  such  district  such 
pupils  as  can  conveniently  be  taught  therein,  for  paying  their  tuition,  and  for 
arranging  and  paying  for  their  transportation  to  and  from  the  school  in  such 
district;  and  when  petitioned  by  a  majority  of  the  voters  of  a  district  it  shall 
be  the  duty  of  the  board  of  any  district  to  arrange  for  sending  to  such  district 
such  pupils  as  can  conveniently  be  taught  therein,  for  paying  their  tuition 
and  for  arranging  and  paying  for  their  transportation  to  and  from  the  school 
in  such  district.  It  shall  have  the  power  to  admit  to  the  schools  in  the  dis- 
trict, pupils  residing  in  unorganized  territory  adjacent  to  the  district,  and  to 
arrange  with  the  parents  or  guardian  of  such  pupils  for  paying  their  tuition; 
but  in  no  instance  shall  a  board  refuse  privileges  to  or  collect  tuition  from  pu- 
pils residing  in  such  adjacent  unorganized  territory,  if  the  parents  of  such 
pupils  are  property  holders  in  the  district  and  pay  taxes.  It  shall  also  have 
the  power  to  make  proper  and  needful  rules  for  the  assignment  and  distribu- 
tion of  pupils  to  and  among  the  schools  in  the  district,  and  their  transfer  from 
one  school  to  another. 

§  1180.  Rules.  Suspension  of  pupils.]  It  shall  assist  and  co-operate 
with  teachers  in  the  government  and  discipline  of  the  schools  and  may  make 
proper  rules  and  regulations  therefor.  It  may  suspend  or  expel  from  school 
any  pupil  who  is  insubordinate  or  habitually  disobedient,  but  such  suspension 
shall  not  be  for  a  longer  period  than  ten  days  nor  such  expulsion  beyond  the 
end  of  the  current  term  of  school. 

§  1181.  Branches  of  study.]  Subject  to  the  approval  of  the  county 
superintendent,  it  shall  have  the  power  to  determine  what  branches,  if  any, 
in  addition  to  those  required  by  law  shall  be  taught  in  any  school  of  the  dis- 
trict. 

§  1182.  Tax  levy.  Notice  to  county  auditor.]  It  shall  have  power  to 
levy  upon  the  property  in  the  district  a  tax  for  school  purposes  of  not  exceed- 
ing thirty  mills  on  the  dollar  in  any  year;  provided,  however,  that  in  districts 
having  a  high  school  an  additional  tax  of  ten  mills  on  the  dollar  may  be  levied 
if  a  majority  of  the  school  voters  of  such  district  annually  authorize  such  levy 
at  the  annual  school  election;  notice  that  the  question  of  levying  such  addi- 
tional tax  will  be  voted  on  at  the  election  shall  be  given  by  posting  the  same 
in  three  of  the  most  public  places  in  the  district,  at  least  fourteen  days  prior 
to  said  election.  The  levy  of  such  additional  tax,  if  authorized  by  the  voters 
as  aforesaid,  shall  be  made  by  a  resolution  of  the  board  prior  to  the  twentieth 
day  of  July. 

§  1183.  When  school  houses  can  be  used  for  other  purposes.]  It 
may  permit  a  school  house,  when  not  occupied  for  school  purposes  to  be  used 


STATE  OF  NORTH  DAKOTA  25 


under  careful  restrictions  for  any  proper  purpose,  giving  equal  rights  and  priv- 
ileges to  all  religious  denominations  or  political  parties,  but  for  any  such  use 
or  privilege  it  shall  not  be  at  any  cost  for  fuel  or  otherwise  to  the  district.  Nor 
shall  any  furniture  which  is  fastened  to  the  floor  be  removed,  and  whoever  re- 
moves any  school  furniture  for  any  other  purpose  than  repairing  the  same  or 
for  repairing  the  school  room,  shall  be  guilty  of  a  misdemeanor  and  shall  be 
fined  not  less  than  five  nor  more  than  ten  dollars  for  each  offense.  All  fines 
imposed  and  collected  under  the  provisions  of  this  section  shall  be  paid  into 
the  general  school  fund  of  the  state. 

§  1184.  School  houses  and  sites,  how  determined.]  Whenever  in  the 
judgment  of  the  board  it  is  desirable  or  necessary  to  the  welfare  of  the  schools 
in  the  district,  or  to  provide  for  the  children  therein  proper  school  privileges 
or  whenever  petitioned  to  do  so  by  one-third  of  the  voters  of  the  district,  the 
board  shall  call  an  election  of  the  voters  in  the  district  at  some  convenient  time 
and  place  fixed  by  the  board,  to  vote  upon  the  question  of  the  selection,  pur- 
chase, exchange  or  sale  of  a  school  house  site,  of  the  erection,  removal,  or  sale 
of  a  school  house.  Said  election  shall  be  conducted  and  the  votes  canvassed 
in  the  same  manner  as  at  the  annual  election  of  school  officers. 

§  1185.  Election,  how  called.  Plans,  how  prepared.]  Three  notices 
of  the  time,  place  and  the  purpose  of  such  election  shall  be  posted  in  three  of 
the  most  public  places  in  the  district  at  least  fourteen  days  prior  to  such  meet- 
ing. If  a  majority  of  the  'voters  present  at  such  meeting  shall  by  vote  select 
a  school  house  site  or  shall  be  in  favor  of  the  purchase,  exchange  or  sale  of  the 
school  house,  as  the  case  may  be,  then  the  board  shall  proceed  to  carry  out  the 
decision  of  the  voters  of  the  district,  provided  it  shall  require  a  vote  of  two- 
thirds  of  the  voters  present  and  voting  at  such  meeting  to  order  the  removal 
of  the  school  house,  and  such  school  house  so  removed  cannot  again  be  removed 
within  three  years  from  the  date  of  such  meeting;  and,  further,  if  the  ques- 
tion of  removing  the  school  house  fails  to  carry,  then  the  question  of  removing 
such  school  house  cannot  again  be  raised  within  one  year;  provided,  further, 
that  whenever  a  school  house  is  to  be  purchased,  erected  or  constructed  in  a 
common  school  district,  the  school  board  shall  consult  with  the  county  super- 
intendent of  schools  and  the  county  superintendent  of  health  with  regard  to 
plans  providing  for  the  proper  construction,  lighting,  heating  and  ventilating; 
provided,  further,  that  it  shall  be  the  duty  of  the  state  superintendent  of  pub- 
lic instruction  to  furnish  plans  for  school  houses  of  one  and  two  rooms  that  will 
be  in  accord  with  the  best  ideas  pertaining  to  heating,  lighting,  ventilation 
and  other  sanitary  requirements;  provided,  further,  that  school  boards  and 
county  superintendents  shall  secure  from  a  competent  carpenter  or  architect 
complete  specifications  and  blue  prints  for  plans  furnished  by  the  state  super- 
intendent of  public  instruction,  or  approved  plans  that  may  be  furnished  by 
said  carpenter  or  architect,  at  a  cost  not  to  exceed  twenty-five  dollars  for  a 
one-room  school  house  and  forty  dollars  for  a  two-room  school  house.  A  copy 
of  such  plans  and  specifications  shall  be  filed  in  the  office  of  the  county  super- 
intendent. 

§  1186.  County  Board  of  Health.]  Whenever  the  county  superintend- 
ent of  schools  shall  report  to  the  county  board  of  health  thai  a  school  house 
or  any  school  out  building  is  in  an  unsanitary  or  unsafe  condition,  or  that  any 
of  the  pupils  or  any  person  of  school  age  is  alleged   to  be  defective  in   mind  or 


26  GENEEAL  SCHOOL  LAWS 


body,  it  shall  be  the  duty  of  the  said  board  to  investigate  the  report  without 
delay  and  to  direct  the  school  board  or  a  person  in  charge  of  the  alleged  de- 
fective to  take  such  action  as  shall  seem  to  be  for  the  best  interests  of  the  per- 
sons immediately  concerned. 

§  1187.  School  house  sites,  how  obtained  and  maximum  area  allowed.] 
The  school  board  of  any  school  district  may  take  in  the  corporate  name  there- 
of any  real  property  not  less  than  two  acres,  nor  exceeding  five  acres  in  area 
chosen  as  a  site  for  school  house,  as  provided  in  this  chapter,  and  may  hold 
and  use  such  tract  for  school  purposes  only.  It  shall  secure  good  title  to  any 
and  all  of  the  school  sites  in  the  district,  and  cause  the  same  to  be  recorded 
in  the  office  of  the  register  of  deeds.  It  shall  be  the  duty  of  the  state's  attor- 
neys to  pass  upon  the  title  to  any  school  site  before  the  deed  thereof  is  recorded. 
Should  the  owner  of  such  real  property  refuse  or  neglect  to  grant  and  convey 
such  site  a  site  for  a  school  house  may  be  obtained  by  proceeding  in  eminent 
domain,  as  provided  in  the  Code  of  Civil  Procedure.  If  this  site  so  selected 
is  not  used  for  the  purpose  for  which  it  is  taken  for  two  successive  years  it  shall 
revert  to  the  original  owner  or  his  assigns  upon  payment  of  the  sum  originally 
paid  by  the  school  district.  If  such  owner  or  his  assigns  neglects  or  refuses 
to  make  such  repayment  for  one  year  after  the  demand  therefor  by  the  board 
such   site  shall   be  the  property  of  the  district. 

§  1188.  Schools  to  be  organized  on  petition.]  If  a  petition  signed  by 
the  persons  charged  with  the  support  and  having  the  custody  and  care  of  nine 
or  more  children  of  school  age,  all  of  whom  reside  not  less  than  two  and  one- 
half  miles  from  the  nearest  school,  is  presented  to  the  board,  asking  for  the 
organization  of  a  school  for  such  children,  the  board  shall  organize  such  school 
and  employ  a  teacher  therefor,  if  a  suitable  room  for  such  school  can  be  leased 
or  rented  at  some  proper  location  not  more  than  two  and  one-half  miles  distant 
from  the  residence  of  any  one  of  such  children,  and  if  no  suitable  room  for  such 
school  can  be  leased  or  rented,  the  board  shall  call  a  meeting  of  the  voters  of 
the  district  for  the  selection  and  purchase  or  erection  of  a  school  house,  as  pro- 
vided for  in  section  1185.  If  at  such  meeting  no  such  site  is  selected  or  if  it  is  not 
voted  to  erect  or  purchase  a  school  house  for  such  school,  the  board  shall  se- 
lect and  purchase  a  school  house  site  and  erect,  purchase  or  move  thereon  a 
school  house  at  a  cost  of  not  more  than  twelve  hundred  dollars  for  such  school 
house  and  furniture  therefor;  provided,  that  the  provisions  of  this  section  shall 
not  apply  in  instances  where  schools  have  been  consolidated  in  accordance 
with  the  provision  of  section   1190. 

§  1189.  School  terms,  how  arranged  and  when  discontinued.]  The 
district  board  shall  determine  and  fix  the  length  of  time  the  schools  in  the  dis- 
trict shall  be  taught  each  year,  and  when  each  term  of  school  shall  begin  and 
end.  It  shall  so  arrange  such  terms  as  to  accommodate  and  furnish  school 
privileges  equally  and  equitably  to  pupils  of  all  ages;  provided,  that  every  com- 
mon school  shall  be  kept  in  session  for  not  less  than  seven  months  in  each  school 
year;  provided,  further,  that  any  school  may  be  discontinued  when  the  av- 
erage attendance  of  pupils  therein  for  ten  consecutive  days  shall  be  less  than 
four,  and  all  contracts  between  school  boards  and  teachers  shall  contain  a  pro- 
vision that  no  compensation  shall  be  received  by  such  teacher  from  the  date 
of  such  discontinuance,  if  proper  and  convenient  school  facilities  be  provided 
for  the  pupils  therein  in  some  other  school. 


STATE  OF  NORTH  DAKOTA  27 


§  1190.  Consolidation  of  schools.]  The  district  school  board  may  call, 
and  if  petitioned  by  one-third  of  the  voters  in  the  district,  shall  call  an  election 
to  determine  the  question:  (1)  "To  consolidate  two  or  more  schools  or  the  ter- 
ritory usually  served  by  two  or  more  schools  and  select  a  site  and  provide  a 
suitable  building,"  or  (2)  "to  select  a  school  already  established  and,  if  nec- 
essary, make  suitable  additions  thereto  to  accommodate  the  pupils  of  the 
schools    to    be    vacated." 

Said  election  shall  be  conducted,  both  as  to  notices  and  as  to  manner  of  can- 
vassing the  votes,  in  the  same  manner  as  the  annual  school  elections.  If  a 
majority  of  the  votes  cast  at  such  an  election  are  in  favor  of  either  proposal, 
then  the  board  shall  carry  out  the  decision  of  the  district  within  four  months 
thereafter. 

In  the  event  of  carrying  out  either  proposal  prior  to  or  after  the  passage  of 
this  act,  it  shall  be  the  duty  of  the  board  to  provide  for  the  transportation  of 
the  pupils  at  public  expense  to  and  from  the  consolidated  school,  except  to 
those  pupils  living  less  than  two  and  one-half  miles  from  such  school;  and  it 
shall  also  be  the  duty  of  the  board,  if  deemed  expedient,  to  move  to  the  site 
selected   school  houses   already   built  or  to  sell   such  school  houses. 

§  1191.  Additional  school  time.]  If  a  majority  of  the  patrons  of  any 
school  averaging  eight  or  more  pupils  in  daily  attendance  for  a  period  of  three 
months  immediately  prior  to  the  date  of  filing  the  petition  with  the  clerk  of 
the  district  board,  shall  petition  the  board  to  continue  such  school  for  an  ad- 
ditional time,  the  board  shall  continue  such  school  for  that  length  of  time  if 
there  are  funds  in  the  treasury  sufficient  for  that  purpose. 

§  1192.  District  high  schools.  How  established  and  controlled.] 
In  any  district  containing  four  or  more  schools,  and  having  an  enumeration 
of  sixty  or  more  persons  of  school  age  residing  therein  the  board  may  call,  and 
if  petitioned  so  to  do  by  ten  or  more  voters  in  the  district,  shall  call  a  meeting 
of  the  voters  of  such  district,  in  the  manner  prescribed  in  section  1185  to  deter- 
mine the  question  of  establishing  a  district  high  school.  If  a  majority  of  the 
voters  at  such  meeting  vote  in  favor  of  establishing  such  high  school,  the  meet- 
ing shall  further  proceed  to  select  a  site  therefor,  and  to  provide  for  the  erec- 
tion or  purchase  of  a  school  building  or  for  the  necessary  addition  to  some  school 
building  therefor.  Thereupon  the  board  shall  erect  or  purchase  a  building  or 
make  such  addition  for  such  high  school,  as  shall  be  determined  at  such  meet- 
ing and  shall  establish  therein  a  district  high  school  containing  one  or  more 
departments,    and    employ    teachers    therefor. 

§  1193.  Length  of  term.]  Such  high  school  shall  be  kept  in  session  for 
such  time  each  year,  not  less  than  four  months,  as  the  board  may  determine. 
The  board  shall,  subject  to  the  approval  of  the  county  superintendent,  grade 
such  high  school,  and  prescribe  the  studies  to  be  pursued  therein,  and  shall 
have  the  same  management  and  control  thereof  as  of  the  elementary  schools 
in  the  district. 

§  1194.  Adjacent  districts  may  join.]  Two  or  more  adjacent  school 
districts  may  join  in  the  establishment  and  maintenance  of  such  high  school, 
or  for  a  graded  school  or  for  both,  when  empowered  so  to  do  by  a  majority  of 
the  voters  in  each  district,  at  a  meeting  called  and  held  as  provided  for  in  this 
section,  in  which  case  the  building  and  furniture  occupied  and  used  for  such 
high  school  or  graded  school  shall  belong  to  the  districts  so  uniting  and  all  the 


28  GENERAL  SCHOOL  LAWS 


costs  of  maintaining  such  school,  or  schools,  including  the  wages  of  teachers 
and  all  necessary  supplies  shall  be  paid  by  such  districts  in  proportion  to  the 
assessed  valuation  of  the  property  in  each;  and  the  employment  of  teachers 
therefor,  and  the  management,  control  and  grading  thereof  shall  be  vested 
in  the  joint  boards  of  such  districts,  subject  to  the  approval  of  the  county  super- 
intendent of  the  county  in  which  such  districts  are  located. 

§  1195.  School  census.  Annual  report.]  The  school  board  shall  cause 
an  enumeration  to  be  made  between  the  first  and  twentieth  day  of  June  of  each 
year,  of  all  unmarried  persons  of  school  age,  being  over  six  and  under  twenty- 
one,  having  their  legal  residence  in  the  district,  giving  the  names  and  ages  of 
such  persons  and  the  names  of  parents  and  guardians  having  the  care  and  cus- 
tody of  each;  also  the  name  and  age  of  each  deaf  and  dumb,  blind,  and  feeble 
minded  person  between  the  ages  of  five  and  twenty-five  years,  residing  in  the 
district,  including  all  such  persons  as  may  be  too  deaf  or  feeble  minded  to  ac- 
quire an  education  in  the  common  schools,  and  the  names  and  post-office  address 
of  the  parents  or  guardians  of  such  persons.  The  enumeration  shall  be  made 
upon  and  in  accordance  with  the  blanks  furnished  therefor  by  the  county 
superintendent,  and  shall  be  returned  to  the  county  superintendent  prior  to 
the  tenth  day  of  July. 

§  1196.  Reports.  To  whom  sent.]  A  copy  of  the  enumeration  of  such 
deaf  and  dumb  persons  shall  be  furnished  the  superintendent  of  the  school 
for  the  deaf;  a  copy  of  the  enumeration  of  such  blind  persons  shall  be  fur- 
nished to  the  superintendent  of  the  school  for  the  blind;  and  a  copy  of  the 
enumeration  of  such  feeble-minded  persons  shall  be  furnished  the  superintend- 
ent of  the  institution  for  the  feeble-minded,  by  the  county  superintendent  im- 
mediately upon  the  receipt  of  the  same.  A  copy  of  such  enumeration  shall  also 
be  kept  in  the  office  of  the  district  clerk. 

§  1197.  Clerk's  annual  report.]  The  board  shall  also  cause  the  district 
clerk  to  make  out  an  annual  report  for  the  year  beginning  July  1st,  and  ending 
June  30th,  containing  such  actual  and  statistical  statements  and  items  as  shall 
be  required  by  the  superintendent  of  public  instruction,  and  upon  and  in  ac- 
cordance with  the  blanks  furnished  therefor  by  the  county  superintendent. 
Such  reports  shall  be  carefully  examined  and  certified  to  as  correct  by  the 
board  at  its  regular  meeting  in  July,  and  transmitted  to  the  county  superintend- 
ent prior  to  the  1st  day  of  August  following.  A  copy  of  such  report  shall  be 
filed   in   the   district   clerk's   office. 

§  1198.  Records  open  to  inspection.]  All  reports,  books,  records,  vouch- 
ers, contracts  and  papers  relating  to  school  business  in  the  school  district  in 
the  office  of  the  clerk  shall  at  all  times  be  open  to  the  inspection  of  any  director, 
who  shall  advise  and  aid  in  securing  correct  records,  accounts,  and  legal  re- 
ports, and  they  shall  likewise  be  open  to  the  county  superintendent,  and  any 
particular  paper  or  record  shall  be  exhibited  at  reasonable  hours  to  any  voter 
or   taxpayer. 

§  1199.  Records  and  teaching  in  English.]  All  reports  and  records  of 
school  officers  and  proceedings  of  all  school  meetings  shall  be  in  the  English 
language,  and  if  any  money  belonging  to  any  district  shall  be  expended  in  sup- 
porting a  school  in  which  the  English  language  is  not  the  medium  of  instruc- 
tion exclusively,  the  county  superintendent  or  any  taxpayer  of  the  school  cor- 
poration may  in  a  civil  action  in  the  name  of  the  corporation  recover  for  such 


STATE  OF  NORTH  DAKOTA  29 


corporation  all  such  money  from  the  officer  expending  it  or  ordering  or  voting 
for  its   expenditure. 

§  1200.  Exits  required.]  All  school  houses  having  more  than  one  school 
room  shall  have  the  doors  in  the  exits  opening  outward,  and  it  is  hereby  further 
provided  that  after  the  passage  of  this  act  school  houses  of  more  than  one 
room  thereafter  erected  shall  be  provided  with  an  exit  not  less  than  four  feet 
six  inches  in  width.  All  doors  to  be  kept  unlocked  from  8:30  o'clock  a.  m. 
to  4:30  o'clock  p.  m.  on  school  days. 

§  1201.  Fire  escapes,  how  constructed.]  There  is  hereby  required  a 
stationary  fire  escape,  consisting  of  iron  stairways,  attached  to  school  houses 
having  more  than  one  story,  with  iron  landings  easily  accessible  from  each 
school  room  above  the  first  floor,  guarded  by  an  iron  railing  not  less  than  two 
feet  six  inches  in  height.  Such  landings  shall  be  connected  by  iron  stairs  not 
less  than  three  feet  wide  and  with  steps  not  less  than  six  inches  tread,  and  pro- 
tected by  a  well  secured  hand  rail  of  iron  on  both  sides  and  reaching  to  the 
ground.  Provided,  however,  that  the  six-foot  section  immediately  above  the 
ground  shall  be  hinged  to  the  main  escape  so  it  may  be  swung  out  of  the  way 
when  not  in  use;  further  provided  that  this  section  shall  not  affect  school  houses 
now  constructed  and  provided  with  adequate  fire  escapes.  The  way  of  egress 
to  such  fire  escape  shall  at  all  times  be  kept  free  and  clear  from  all  obstruction 
of  any  and  every  nature. 

§  1202.  Duty  of  school  officers.]  Trustees,  boards  of  directors,  boards 
of  education,  or  any  other  person  having  charge  of  such  school  houses  shall  com- 
ply with  the  provisions  of  this  act  within  six  months  after  its  passage  and  ap- 
proval. 

§  1203.  Penalty.]  Any  person  or  board  violating  any  of  the  provisions  of 
this  act  shall  upon  conviction  thereof,  be  deemed  guilty  of  a  misdemeanor  and 
shall  be  punished  by  a  fine  of  not  less  than  twenty-five  dollars  or  more  than  one 
hundred  dollars. 

§  1204.  Duties  of  district  school  boards  as  to  tree  planting.]  It  is 
hereby  made  the  duty  of  every  district  school  board  in  the  state  of  North  Da- 
kota to  plant  trees  and  shrubs  upon  the  grounds  of  every  school  house  in  their 
district  and  to  encourage  school  children  to  plant  such  trees  and  shrubs  and 
to   cultivate   and    protect    I  lie   same. 

§  1205.  Fences.]  Where  slock  is  permitted  to  run  at  large  it  is  hereby 
made  the  duty  of  the  district  school  board  to  cause  to  be  erected  about  the 
grounds  of  every  school  house  in  each  district  a  fence  sufficient  to  protect  the 
trees  and  shrubs  upon  the  school  house  grounds  from  destruction  by  live  stock, 
and  such  fence  shall  be  provided  with  convenient  gates  or  stiles;  provided, 
further,  thai   in   the  construction  of  such  fence  barbed   wire  shall  not  be  used. 

§  1206.  Finds  for  TREE  PLANTING  and  CULTIVATION.]  The  district  school 
board  is  hereby  empowered  and  it  shall  be  its  duty  to  expend  not  less  than  ten 
dollars  annually  lor  each  school  yard  out  of  the  funds  of  the  school  district  foi 
the    purpose    mentioned    in    the    foregoing    section. 

$   1207.     Stables  in  rural  districts.     Hitching   posts.]     If  in  any  rural 

school  district,  a  petition  signed  by  the  persons  charged  with  the  support  and 
having  the  custody  and  care  of  eight  or  more  children  of  school  age  is  present- 
ed to  the  school  board  asking  for  the  building  of  a  suitable  stable  upon  the 
school    site.    I  he    hoard    shall    provide    such    stable    without    unnecessary    delay. 


yO  GENERAL  SCHOOL  LAWS 


It  shall  be  the  duty  of  the  school  board  in  rural  districts  to  provide  for  sub- 
stantial hitching  posts  for  each  school  site  in  the  district. 

ARTICLE  7.— SCHOOL  FUNDS. 

§  1208.  State  tuition  fund.  How  raised.]  The  net  proceeds  arising 
from  all  fines  and  penalties  for  violation  of  state  laws,  from  leasing  the  school 
lands  and  the  interest  and  income  from  the  state  permanent  school  fund  shall 
be  collected  and  paid  into  the  state  treasury  in  the  same  manner  as  is  provided 
by  law  for  the  collection  and  payment  of  state  taxes,  and  shall  constitute  the 
state  tuition  fund,  which  shall  be  apportioned  among  the  several  counties  of 
the  state  in  proportion  to  the  number  of  children  of  school  age  in  each  as  shown 
by   the  last   enumeration   authorized   by  law. 

§  1209.  County  treasurer  to  report  state  tuition  fund  quarterly.] 
It  shall  be  the  duty  of  the  county  treasurer  to  receive  from  the  proper  officers 
the  net  proceeds  of  fines,  penalties  and  forfeitures  for  violation  of  state  laws, 
and  all  moneys  arising  from  leasing  of  school  lands  within  the  county,  and  to 
forward  a  detailed  statement  of  moneys  so  collected,  specifying  the  amount 
received  from  each  of  the  above  sources,  to  the  state  auditor  at  the  same  time 
that  he  is  required  to  make  reports  of  other  moneys  to  such  auditor. 

§  1210.  Duty  of  state  auditor.]  It  shall  be  the  duty  of  the  state  auditor 
on  or  before  the  third  Monday  in  February,  May,  August,  and  November  in 
each  year  to  certify  to  the  superintendent  of  public  instruction  the  amount 
of  the  state  tuition  fund  and  the  superintendent  of  public  instruction  shall  im- 
mediately apportion  such  funds  among  the  several  counties  of  the  state  in  pro- 
portion to  the  number  of  children  of  school  age  residing  in  each  as  shown  by 
the  last  enumeration  provided  for  by  law  and  certify  to  the  state  auditor,  state 
treasurer  and  to  the  county  treasurer  and  county  superintendent  of  each  county, 
the  amount  apportioned  to  the  respective  counties.  Immediately  upon  receipt 
of  such  apportionment  from  the  state  superintendent  as  herein  provided,  the 
state  auditor  shall  draw  a  warrant  upon  the  state  treasurer  for  the  full  amount 
of  the  state  tuition  fund  apportioned  to  the  several  counties  and  shall  deliver 
the  same  to  the  state  treasurer,  taking  his  receipt  therefor  and  shall  notify  the 
several  county  treasurers  of  the  amount  due  their  respective  counties  and  that 
such  warrant  has  been  issued  therefor,  and  the  state  treasurer  shall  pay  on  such 
warrant  to  the  several  county  treasurers__the  amount  due  their  respective  coun- 
ties. 

§  1211.  Funds  kept,  separate.]  All  moneys  arising  from  interest  on  the 
permanent  school  fund  and  from  leasing  school  lands  shall  be  apportioned  un- 
der a  separate  item  and  such  money  shall  be  taken  account  of  as  a  separate 
item  by  all  officers  making  or  certifying  such  apportionment,  or  through  whose 
hands  any  portion  of  such  funds  shall  pass  and  it  is  further  made  the  duty  of 
the  district  treasurer  to  keep  such  funds  separate  from  all  other  funds  and  if 
at  the  close  of  the  school  year  any  part  of  such  funds  which  was  apportioned 
prior  to  the  third  Mondafy  of  May  of  such  year  remains  in  the  hands  of  the 
district  treasurer,  he  shall  transfer  the  same  to  the  general  fund  of  the  district 
to   which  it  was  apportioned. 

§  1212.  Funds  defined.  How  used.]  All  moneys  received  by  the  school 
districtfrom  the  apportionment  made  by  the  superintendent  of  public  instruc- 


STATE  OE  NORTH  DAKOTA  31 


tion  shall  constitute  and  be  designated  the  state  tuition  fund.  All  moneys 
received  from  district  taxes,  from  subscription,  from  sale  of  property,  or  from 
any  other  source  whatever  except  from  apportionment  made  by  the  superin- 
tendent of  public  instruction  shall  be  designated  the  general  fund.  In  addition 
to  the  state  tuition  fund  and  the  general  fund,  a  sinking  fund  may  be  estab- 
lished as  provided  by  this  article.  The  state  tuition  fund  shall  be  used  only 
in  the  payment  of  teachers'  salary;  provided,  that  if  the  amount  of  state  tuition 
apportioned  to  any  district  in  any  one  year  is  insufficient  for  the  payment  of 
teachers'  salary  in  such  district,  any  money  on  hand  or  available  belonging 
to  the  general  fund  of  such  district  may  be  applied  to  meet  such  deficiency; 
provided,  further,  that  if  the  state  tuition  fund  apportioned  to  any  district 
in  any  one  year  is  more  than  sufficient  for  the  payment  of  teachers'  wages  in 
such  district  the  portion  of  such  fund  in  excess  of  the  amount  so  required  shall 
be  transferred  to  and  become  a  part  of  the  general  fund. 

§  1213.  Funds  controlled  and  paid  out  by  district  treasurer.]  All 
funds  shall  be  kept  in  the  possession  or  under  the  control  of  and  paid  out  by 
the  district  treasurer  except  as  otherwise  provided  in  this  chapter,  and  he  shall 
keep  for  each  district  one  general  account  of  the  entire  receipts  and  expendi- 
tures, and  separate  itemized  accounts,  as  herein  provided,  for  each  class  of  re- 
ceipts and  expenditures.  His  books  shall  at  all  times  show  by  entries  under 
proper  heads  all  receipts  of  funds  and  payments  made  therefrom,  so  as  to  en- 
able any  person  readily  to  ascertain  the  balance  in  any  fund. 

§  1214.  Not  entitled  to  tuition  fund,  when.  Enumeration.]  No 
school  district  shall  be  entitled  to  receive  any  portion  of  the  state  tuition  fund 
that  fails  to  make  a  report  of  the  enumeration  of  the  children  of.  school  age  in 
the  manner  provided  by  law,  nor  until  the  enumeration  has  been  taken  and  re- 
ported as  required  by  law.  The  county  superintendent  is  empowered  to  with- 
hold the  payment  of  county  tuition  from  any  district  whose  officers  have  failed 
to  make  the  reports  required  by  law;  and,  further,  the  county  superintend- 
ent shall  not  authorize  the  payment  of  money  apportioned  to  any  district  un- 
less the  bond  and  oath  of  the  treasurer  of  such  district  has  been  duly  approved 
and  filed  as  provided  by  law. 

§  1215.  Enumeration  in  new  districts.]  New  districts  organized  after 
the  annual  enumeration  has  been  taken  shall  proceed  immediately  to  take  the 
enumeration  as  provided  by  law,  and  after  the  receipt  of  such  enumeration 
by  the  superintendent  of  public  instruction  through  the  county  superintend- 
ent, the  newly  organized  district  shall  receive  its  proportionate  share  of  the 
funds  to  be  apportioned. 

§  1216.  Apportionment  of  finds  withheld,  when.]  The  county  super- 
intendent shall  have  the  right  to  withhold  the  apportionment  of  the  county 
tuition  fund  (two  mill  tax  and  school  poll  tax)  from  any  school  district  other 
than  the  new  districts  herein  provided  for,  which  has  not  maintained  school 
therein  for  a  period  of  not  less  than  six  school  months  in  each  school  of  said 
district  during  the  school  year  preceding  such  apportionment  or  has  not  other- 
wise provided  school  facilities  for  the  pupils  of  that  district;  provided,  further, 
that  it  shall  be  mandatory  upon  the  county  superintendent  to  withhold  the 
apportionment  of  the  county  tuition  funds  from  any  district  which  has  not 
maintained  school  for  a  period  of  at  least  five  months  in  each  school  in  said  dis- 
trict or  has  not  otherwise  provided   school   facilities  for  the  pupils  of  that    dis- 


GENERAL  SCHOOL  LAWS 


trict  for  the  school  year  preceding  such  apportionment;  and  when  such  ap- 
portionment of  county  tuition  fund  shall  l>e  withheld  by  the  county  super- 
intendent from  any  district,  it  shall  revert  to  the  funds  from  which  it  was  orig- 
inally apportioned. 

§  1217.  Apportionment  of  state  tuition  funds  by  County  Superin- 
tendent.] Within  thirty  days  and  not  less  than  twenty  days  after  receiving 
the  certificate  of  apportionment  from  the  superintendent  of  public  instruction 
and  the  certificate  from  the  county  auditor  as  provided  for  in  section  1225  of  this 
chapter,  the  county  superintendent  shall  apportion  separately  to  the  several 
school  districts,  which  are  entitled  to  any  portion  of  the  state  tuition  and  spe- 
cial funds  within  the  county,  in  proportion  to  the  number  of  children  residing 
in  each  district  over  six  and  under  twenty-one  years  of  age  as  appears  from 
the  last  enumeration  authorized  by  law,  upon  which  the  superintendent  of 
public  instruction  made  the  apportionment  to  the  several  counties,  and  he 
shall  immediately  notify  each  district  treasurer  of  the  amount  of  tuition  fund 
in  the  county  treasury  due  the  district,  and  shall  certify  to  the  county  treas- 
urer and  to  the  county  auditor  the  amount  due  each  school  district.  The  coun- 
ty treasurer  shall  deliver  to  the  several  school  treasurers,  upon  the  order  of  the 
county  auditor,  the  amounts  apportioned  to  their  respective  districts,  taking 
a  receipt  therefor. 

§  1218.  Treasurer's  accounts.  Annual  settlement.]  The  district 
treasurer  shall  open  new  accounts  with  each  fund  at  the  beginning  of  each  school 
year,  and  the  balance  of  each  fund  shall  be  brought  down  and  become  a  part 
of  the  first  entry  in  opening  the  account  for  the  new  year.  On  the  second  Tues- 
day in  July,  the  school  board  shall  make  settlement  with  the  district  treasurer 
and  shall  carefully  examine  his  books,  accounts,  and  vouchers,  and  shall  as- 
certain if  the  amount  of  all  warrants,  bonds  and  coupons  paid  and  redeemed 
or  paid  in  part,  together  with  the  cash  in  his  hands  or  under  his  control,  is  equal 
to  the  amount  of  cash  on  hand  at  the  beginning  of  the  school  year,  together 
with  all  money  received  by  him  from  all  sources  for  school  purposes  during 
the  year.  The  disrict  treasurer  shall  deliver  to  the  board  at  such  annual  meet- 
ing, all  warrants,  bonds,  and  coupons  paid  and  redeemed  by  him  during  the 
school  year  and  held  by  him  as  vouchers,  taking  the  receipt  of  the  board  there- 
for, and  such  vouchers  shall  forthwith  be  filed  with  the  district  clerk.  He  shall 
at  that  meeting  make  his  annual  report  in  triplicate,  one  copy  to  be  preserved 
in  the  treasurer's  office,  one  to  be  filed  with  the  clerk  of  the  school  board  and 
one  to  be  transmitted  to  the  county  superintendent  of  schools,  and  the  board 
shall  cause  to  be  published  an  itemized  statement  of  the  receipts  and  expen- 
ditures of  the  preceding  year  in  a  newspaper  of  the  county  nearest  said  school 
district;  provided,  that  if  said  board  or  treasurer  shall  have  failed  to  publish 
said  statement  by  the  first  of  September  following  the  presentation  of  the  treas- 
urer's annual  report,  then  it  shall  be  the  duty  of  the  county  superintendent 
of  schools  to  cause  the  publication  of  the  same  in  a  newspaper  of  the  county, 
said  publication  to  be  paid  for  by  the  school  district.  The  treasurer's  reports 
shall   show   the   following: 


STATE  OF  NORTH  DAKOTA  33 


RECEIPTS 

The  balance  at  the  close  of  the  year. 

The  amount  received  into  the  state  tuition  fund. 

The  amount  received  into  the  special  fund. 

The  amount  received  into  the  county  tuition  fund. 

The  amount  received  into  the  sinking  fund. 

EXPENDITURES 

The  amount  paid  for  school  houses,  sites  and  furniture. 

The  amount  paid  for  apparatus  and  fixtures. 

The  amount  paid  for  teachers'  wages. 

The  amount  paid  for  services  and  expenses  of  school  officers. 

The  amount  paid  for  redemption  of  bonds. 

The  amount  paid  for  interest  on  bonds. 

The  amount  paid  for  incidental  expenses. 

The  cash  on  hand  at  the  close  of  the  school  year. 

Such  report  shall  include  such  other  items  as  may  be  required  by  the  dis- 
trict board,  or  the  superintendent  of  public  instruction,  and  shall  be  upon  and 
in  conformity  with  the  blanks  furnished  him  for  that  purpose. 

§  1219.  When  county  treasurer  to  pay  funds  to  district  treasurer.] 
The  treasurer  of  each  district  shall  apply  to  the  county  auditor  for  an  order, 
and  the  county  treasurer  shall  pay  over  to  him  on  such  'order  all  of  the  school 
money  collected  for  such  district  and  all  school  money  apportioned  to  such  dis- 
trict by  the  county  superintendent  of  schools,  and  the  county  auditor  shall 
issue  such  order;  provided,  such  district  treasurer  has  qualified  and  filed  his 
oath  and  bond  as  provided  by  law.  It  shall  be  the  duty  of  the  county  treas- 
urer, when  payment  is  made  to  any  school  treasurer  or  any  funds  herein  pro- 
vided for,  immediately  to  notify  the  clerk  of  the  school  board  of  the  payment 
of  the  same. 

§  1220.  County  treasurer  to  keep  accounts  with  the  school  corpo- 
ration.] Each  county  treasurer  shall  keep  a  regular  account  with  each  school 
corporation,  in  which  he  shall  charge  himself  with  all  taxes  collected  by  levy 
of  the  district  school  board  and  all  sums  apportioned  to  the  district  by  the 
county  superintendent  or  other  authority  and  all  sums  received  from  the  dis- 
trict, and  he  shall  credit  himself  with  all  payments  made  to  the  treasurer  of 
the  district,  distinguishing  between  the  items  paid  by  apportionment,  those 
from  county  taxes  and  those  from  other  sources.  He  shall  also  credit  him- 
self with  all  payments  for  redemption  or  endorsement  of  warrants  in  the  col- 
lection of  taxes  and  shall  deliver  to  the  district  treasurer  a  duplicate  tax  re- 
ceipt for  the  amount  of  each  warrant  so  indorsed  or  redeemed,  together  with 
all  warrants  so  redeemed  at  the  time  of  making  other  regular  payments  to  the 
district  treasurer.  To  these  credits,  to  balance  the  accounts,  he  shall  add  all 
items  for  legal  fees,  for  collection  and  other  duties.  He  shall  annually  on  the 
first  day  of  July  file  with  the  county  superintendent  of  schools  an  itemized 
statement  of  all  funds  remitted  by  him  during  the  preceding  school  year  to 
each  of  the  respective  school  district  treasurers.  On  the  same  day  he  shall 
also     send     statement  to  each  of  such  treasurers  itemizing  the  payments  made 


34  GENERAL  SCHOOL  LAWS 


by  him  during  such  time  to  such  respective  treasurers.  Also,  he  shall,  on  the 
same  day,  send  to  each  district  clerk  a  copy  of  the  statement  which  he  sends 
to  the  trrasurer  of  that  district. 

§  1221.  School  taxes,  how  and  when  collected.]  It  shall  be  the  duty 
of  the  county  treasurer  to  collect  the  taxes  for  school  purposes  at  the  same  time 
and  in  the  same  manner  that  the  county  and  state  taxes  are  collected,  and  full 
power  is  hereby  given  him  to  sell  property  for  school  taxes  the  same  as  is  pro- 
vided by  law  for  the  collection  of  other  taxes,  whenever  an  error  occurs  in  the 
tax  list  of  any  school  district,  the  school  board  or  board  of  education  in  special 
or  independent  districts  or  districts  organized  under  special  laws  may  correct 
such  errors  and  refund  such  taxes  improperly  collected.  All  penalties  and  in- 
terest collected  on  delinquent  school  taxes  shall  be  applied  to  the  proper  fund 
to  which  such  delinquent  taxes  belong. 

§  1222.  School  board  to  levy  tax.]  Each  district  school  board  shall  have 
power  and  it  shall  be  its  duty  to  levy  upon  all  property  subject  to  taxation  in 
the  district,  a  tax  for  school  purposes  of  all  kinds  authorized  by  law,  not  ex- 
ceeding in  the  aggregate  a  rate  of  thirty  mills  on  the  dollar  in  any  one  year; 
provided,  that  such  board  may  in  addition  thereto  whenever  there  are  past 
due  warrants  outstanding  in  said  district  levy  not  to  exceed  fifteen  mills  ad- 
ditional in  any  one  year;  provided,  further,  the  provisions  of  this  section  shall 
apply  only  to  payment  of  warrants  issued  for  a  legal  purpose  and  outstanding 
on  July  1st,  1915.  Such  tax  shall  be  levied  by  resolution  of  the  board  prior 
to  the  twentieth  day  of  July  of  each  year,  which  resolution  shall  be  entered 
in  the  records  of  the  proceedings  of  the  board.  The  clerk  shall  immediately 
thereafter  notify  the  county  auditor  in  writing  of  the  amount  of  tax  levied, 
and  such  notice  shall  be  substantially  the  following  form: 

State  of  North  Dakota,  ) 

)  ss. 

County  of ) 

.School  District. 


To     County     Auditor     of 

County: 

Sir: 

You  are  hereby  notified  that  the  school  board  of 

school    district.... has   levied   a   tax   of dollars 

upon  all  real  and  personal  property  in  said  school  district  for  school  purposes. 
You  will  duly  enter  and  extend  such  tax  upon  the  county  tax  list  for  collection 
upon  the  taxable  property  of  such  school  district  for  the  current  year. 

Dated    at ..this day    of 

19 

District  Clerk. 

§  1223.  Levy  to  pay  judgment.]  The  notice  of  a  tax  levy  to  pay  any 
judgment  against  the  district  shall  be  in  addition  to  the  regular  tax  and  shall 
be  certified  to  the  county  auditor  under  the  same  general  form,  as  near  as  may 
be;  provided,  that  if  the  boundaries  of  such  district  shall  embrace  a  portion 
of  two  counties  then  the  clerk  of  such  district  shall  certify  to  the  county  audi- 
tor of    the  county  in  which  is  located  the  original  district  to  which  such  por- 


STATE  OF  NORTH  DAKOTA  35 


tions  of  the  district  embraced  in  the  other  county  is  attached,  in  addition  to 
the  tax  levy  above  mentioned,  a  list  and  valuation  of  all  property  subject  to 
taxation  in  such  portion  of  such  district  embraced  in  the  other  county,  as  shown 
by  the  assessor  making  the  assessment  in  such  county,  township  or  assessor's 
district,  and  the  auditor  shall  enter  such  property  upon  the  tax  duplicate  of 
his  county  and  levy  all  school  taxes  upon  the  same,  and  the  county  treasurer 
of  the  county  shall  collect  the  taxes  levied  thereon  the  same  as  other  taxes  are 
collected  and  pay  the  same  over  as  provided  by  law. 

§  1224.  Tax,  how  levied.]  The  county  auditor  of  each  county  shall  at 
the  time  of  making  the  annual  assessment  and  levy  of  taxes  levy  a  tax  of  one 
dollar  on  each  elector  in  the  county  for  the  support  of  public  schools,  and  a 
further  tax  of  two  mills  on  the  dollar  on  taxable  property  in  the  county,  to  be 
collected  at  the  same  time  and  in  the  same  manner  as  other  taxes  are  collected, 
which  shall  be  apportioned  by  the  county  superintendent  of  schools  among 
the  school  districts  of  the  county. 

§  1225.  How  apportioned.]  It  shall  be  the  duty  of  the  county  auditor 
on  or  before  the  third  Monday  in  February,  May,  August,  and  November  in 
each  year,  to  certify  to  the  county  superintendent  of  schools  the  amount  of 
such  county  tuition  fund,  which  the  county  superintendent  of  schools  shall 
apportion  among  the  several  school  districts  in  the  same  manner  as  provided 
for  the  apportionment  of  the  state  tuition  fund.  The  county  superintendent 
shall  file  with  the  county  auditor  and  the  county  treasurer  a  certified  statement 
showing  the  amount  apportioned  to  each  district. 

§  1226.  Apportionment  of  delinquent  taxes.]  It  shall  also  be  the  duty 
of  the  county  auditor  to  certify  at  the  time  herein  specified  the  amount  of  de- 
linquent taxes  collected  for  the  special  tuition  fund  prior  to  those  levied  for 
the  year  1899  which  amounts  shall  be  apportioned  by  the  county  superintend- 
ent of  schools  as  herein  provided. 

§  1227.  Maximum  levy  for  final  judgment.  Taxes  to  be  uniform.] 
When  any  final  judgment  shall  be  obtained  against  a  school  district  the  board 
thereof  shall  levy  a  tax  upon  the  taxable  property  of  such  district  not  exceeding 
in  amount  twenty  mills  on  the  dollar  in  any  one  year,  which  shall  be  used  in 
the  payment  thereof.  The  county  auditor  shall  make  out,  charge  and  extend 
upon  the  tax  list  against  each  description  of  real  property  and  against  all  per- 
sonal property,  and  upon  all  taxable  property  of  the  district,  all  such  taxes 
for  school  and  judgment  of  which  he  has  been  notified,  have  been  levied  by  the 
district  in  which  the  property  is  situated  and  taxable,  in  the  same  manner  in 
which  the  county  and  state  tax  list  is  prepared,  and  deliver  it  to  the  county 
treasurer  at  the  same  time.  All  taxes  for  school  purposes  shall  be  uniform 
upon  the  property  within  each  school  district. 

§  1228.  Indebtedness  of  district.  How  adjusted  when  no  legal  school 
board  exists.]  If  any  school  district  in  the  state  has  for  one  or  more  years 
past,  either  through  failure  to  elect  a  school  board  or  through  a  failure  of  the 
county  superintendent  to  appoint  a  school  board,  been  without  a  legal  school 
board  or  if  hereafter  any  .school  district  through  such  failure  to  elect  or  ap- 
point such  school  board  shall  be  without  such  legal  school  board  and  such  dis- 
trict shall  have  an  authorized  indebtedness  either  in  bonds,  interest  due  on 
bonds  or  otherwise,  it  shall  be  the  duty  of  the  county  superintendent,  the  coun- 
ty  treasurer  and  county  auditor,  acting  as  a   board  of  adjusters,   to  assess  upon 


36  GENERAL  SCHOOL  LAWS 


the  taxable  property  of  such  school  corporation  a  tax  not  to  exceed  twenty 
mills  on  the  dollar  in  any  one  year  upon  the  assessed  valuation  thereof  for  the 
payment  of  the  same.  Which  tax  so  levied  shall  be  extended  upon  the  tax  lists 
by  the  county  auditor  and  be  collected  and  shall  be  applied  upon  and  used 
for  the  payment  of  such  indebtedness  and  shall  be  paid  to  the  creditors  of 
such  district  upon  the  warrant  of  the  county  auditor,  countersigned  by  the 
county  superintendent,  and  all  warrants,  bonds,  interest  coupons,  receipted 
bills  or  accounts  shall  be  filed  in  the  office  of  the  county  auditor,  and  in  the 
case  such  school  corporation  has  a  bonded  indebtedness,  it  shall  be  the  duty  of 
such  board  of  adjusters  to  levy  a  tax  upon  the  property  of  such  district  suf- 
ficient to  create  a  sinking  fund  for  the  redemption  of  such  bonds  upon  the  ma- 
turity of  the  same,  such  sinking  fund  to  be  levied  and  provided  for  in  compli- 
ance with  the  requirements  of  such  bonds. 

ARTICLE  9.— SPECIAL  DISTRICTS. 

» 

§  1229.  Cities  governed  by  the  provisions  of  this  article.]  All  cities 
and  incorporated  towns  and  villages  which  have  heretofore  been  organized 
under  the  general  school  laws,  and  which  are  provided  with  a  board  of  educa- 
tion, shall  be  governed  by  the  provisions  of  this  article.  Any  city,  or  incor- 
porated, or  platted  town  or  village,  may  be  constituted  a  special  school  dis- 
trict in  the  manner  hereinafter  prescribed,  and  shall  then  be  governed  by  the 
provisions  of  this  article;  provided,  that  any  city  heretofore  organized  for 
school  purposes  under  a  special  act,  may  adopt  the  provisions  of  this  article 
by  a  majority  vote  of  the  voters  therein,  in  the  same  manner  as  is  provided 
for  the  organization  of  a  new    corporation    under  the  provisions  of  this  article. 

§  1230.  Special  school  districts.]  Whenever  any  platted  or  incorporat- 
ed city,  town  or  village  shall  constitute  a  portion  of  a  school  district,  it  may  be 
organized  into  a  special  school  district,  alone  or  with  contiguous  territory,  and 
the  property  and  indebtedness  of  such  organized  school  district  divided  as  here- 
inafter provided. 

§  1231.  Superintendent  shall  call  election  on  petition.  When.]  In 
such  cases  a  petition  signed  by  a  majority  of  the  voters  of  such  school  district, 
including  women  who  are  legal  voters,  may  be  presented  to  the  county  super- 
intendent of  schools  for  the  division  of  such  school  district  and  the  organiza- 
tion of  such  city,  town  or  village,  together  with  such  territory  contiguous  there- 
to as  may  be  described  in  said  petition,  into  a  special  school  district,  and  setting 
forth  in  detail  the  boundaries  of  such  proposed  special  district,  the  manner 
and  terms  of  the  division  of  the  property,  real  and  personal,  and  the  indebted- 
ness, bonded  or  otherwise,  of  such  school  district  as  desired  by  the  petitioners, 
and  thereupon  such  superintendent  shall  within  five  days  call  an  election  to 
be  held  in  such  proposed  special  district,  incorporated  city,  town  or  village, 
and  an  election  to  be  simultaneously  held  in  that  portion  of  such  school  dis- 
trict,  situated  outside  of  such  proposed  special  district,  city,  town  or  village. 

§  1232.  Notice  given,  election.  How  held.]  Such  superintendent  shall 
cause  notice  of  each  of  such  elections  to  be  given  by  publishing  notices  thereof, 
stating  the  time  and  place  of  holding  such  elections,  in  a  newspaper,  published 
in  such  school  district  (if  any),  and  if  there  is  no  newspaper  published  in  such 
school  district,  then  by  posting  three  notices  of  the  election  to  be  held,  in  such 


STATE  OF  NORTH  DAKOTA  37 


proposed  special  school  district,  city,  town  or  village,  and  in  three  public  places 
in  said  district  outside  of  such  proposed  special  school  district,  city,  town  or 
village.  Such  notices  shall  be  posted  or  published  not  less  than  fourteen  days 
before  such  election.  Such  superintendent  shall  appoint  judges  and  clerks 
of  such  elections  and  the  same  shall  be  held  and  conducted  in  the  same  man- 
ner, and  the  polls  shall  be  opened  at  the  same  time  as  in  other  school  district 
elections,  and  the  result  of  such  elections  shall  be  certified  and  delivered  to 
such  superintendent  within  three  days  after  the  close  of  the  polls. 

§  1233.  Ballots.  How  printed.]  There  shall  be  printed  or  written  on 
the  ballots  used  at  such  election  the  following  statement:  "For  division 
of  (here  state  the  name  of  the  district  to  be  divided)  and  the  division  of 
its  property  and  debts  as  follows:  (here  state  the  boundaries  of  the  proposed 
special  school  district  and  the  manner  and  terms  of  such  division  as  set  forth 
in  the  petition  filed)."  The  voter  shall  write  after  such  statement  the  word 
"yes"  if  in  favor  of  such  division,  and  the  word  "no"  if  against  it. 

§  1234.  Superintendent  shall  notify  president  of  school  board.] 
Such  superintendent  shall  thereupon  forthwith  notify  the  president  of  the  school 
board  of  such  school  district  and  the  auditor  or  clerk  of  such  city,  town  or  vil- 
lage,  of  the  result  of  such  elections. 

§  1235.  Districts  constituted.]  If  such  elections  shall  each  be  in  favor 
of  the  division  of  such  school  district,  such  proposed  special  school  district, 
city,  town  or  village  shall  thereafter  constitute  a  special  school  district;  and 
such  original  school  district  situated  outside  of  such  special  school  district,  city, 
town  or  village,  shall  constitute  a  common  school  district. 

§  1236.  Election  for  special  district  and  common  district.]  The 
county  superintendent  shall  thereupon  call  an  election  for  the  election  of  of- 
ficers of  such  special  school  district  and  common  school  district,  of  which  elec- 
tion notice  shall  be  given  for  at  least  fourteen  days;  such  elections  shall  be  held 
as  in  other  cases,  in  common  school  districts  and  special  school  districts,  and 
such  special  school  district  shall  thereafter  be  subject  to  all  provisions  of  law 
affecting  other  school  districts. 

§  1237.  Dtvision  of  property.]  Such  school  district  and  such  special 
school  district  shall  thereupon  proceed  to  divide  the  property  of  such  original 
school  district  according  to  such  petition  and  shall  be  bound  respectively  to 
pay  the  indebtedness  of  such  district  as  provided  in  such  petition,  and  may  make 
any  contracts  or  conveyances  necessary  to  carry  into  effect  all  the  provisions 
of  such  petition. 

§  1238.  Bonded  indebtedness.  Tax  to  be  levied  to  pay.]  In  case 
such  original  school  district  shall  have  outstanding  any  bonded  debt  for  the 
payment  of  which  no  sufficient  levy  of  taxes  has  been  made,  the  board  of  educa- 
tion of  such  special  school  district  and  the  school  board  of  such  school  district, 
shall  at  the  time  of  making  the  next  annual  tax  levy,  levy  a  tax  sufficient  to 
pay  the  interest  and  also  the  principal  of  so  much  of  such  bonded  debt  as  shall 
be  assumed  by  said  special  school  district  and  such  common  school  district 
respectively  as  the  same  mature,  and  shall  designate  the  amount  of  such  tax 
to  be  collected  in  each  year  thereafter,  and  shall  certify  such  levy  to  the  county 
auditor,  who  shall  thereupon  enter  and  extend  upon  the  tax  list  in  each  year 
the  amount  of  such  tax  to  be  collected  in  that  year. 

§  1239.     Bonded    debt.     Spkcial   school    district   and    common    school 


38  GENERAL  SCHOOL  LAWS 


district  to  pay.]  Such  special  school  district  and  such  common  school  dis- 
trict shall  provide  for  and  pay  according  to  the  terms  of  the  bonds,  such  por- 
tion of  bonded  debt  as  is  assumed  by  it. 

§  1240.  Adjacent  territory.  How  attached  for  school  purposes.] 
When  any  special  school  district  has  been  organized  and  provided  with  a  board 
of  education  under  any  general  law,  or  a  special  act,  or  uuder  the  provisions 
of  this  article,  territory  outside  the  limits  thereof  but  adjacent  thereto  may 
be  attached  to  such  special  school  district  by  the  board  of  education  thereof, 
upon  application  in  writing  signed  by  a  majority  of  the  voters  of  such  adja- 
cent territory;  provided,  that  no  territory  shall  be  annexed  which  is  at  a  greater 
distance  than  three  miles  from  the  central  school  in  such  special  district,  except 
upon  petition  signed  by  two-thirds  of  the  school  voters  residing  in  the  terri- 
tory which  is  at  a  greater  distance  than  three  miles  from  the  central  school 
in  such  special  district;  and  upon  such  application  being  made,  if  such  board 
shall  deem  it  proper  and  to  the  best  interests  of  the  school  of  such  corporation 
and  of  the  territory  to  be  attached,  an  order  shall  be  issued  by  such  board  at- 
taching such  adjacent  territory  to  such  corporation  for  school  purposes,  and  the 
same  shall  be  entered  upon  the  records  of  the  board.  Such  territory  shall  from 
the  date  of  such  order  be  and  compose  a  part  of  such  corporation  for  school  pur- 
poses only.  Such  adjacent  territory  shall  be  attached  for  voting  purposes 
to  such  corporation,  or,  if  the  election  is  held  in  wards,  to  the  ward  or  wards 
or  election  precinct  or  precincts  to  which  it  lies  adjacent;  and  the  voters  there- 
of shall  vote  only  for  school  officers  and  upon  such  school  questions;  provided, 
that  nothing  in  this  act  shall  prevent  any  such  adjacent  territory  from  being 
annexed  because  of  such  adjacent  territory  being  in  an  adjoining  county,  and 
provided,  that  the  county  commissioners  may  detach  any  part  of  such  adjacent 
territory  which  is  at  a  greater  distance  than  three  miles  from  the  central  school  in 
such  special  district  and  attach  it  to  any  adjacent  common  or  special 
school  district  or  districts  upon  petition  to  do  so,  signed  by  three-fourths 
of  the  legal  voters  of  such  adjacent  territory;  provided,  further,  that 
in  all  cases  fourteen  days'  notice  of  a  hearing  before  the  board  shall  be  given, 
by  publication  in  the  nearest  newspaper  and  posted  notices  in  conspicuous 
places,  three  in  the  special  district,  three  in  the  territory  sought  to  be 
annexed,  and  three  in  the  district  remaining  from  which  the  territory  shall 
be  taken.  And  such  territory  shall  not  become  a  part  of  the  special  district 
until  five  days  after  such  hearing,  upon  order  of  the  board  as  hereinbefore  pro- 
vided; and  all  assets  and  liabilities  shall  be  equalized  according  to  section  1327. 

§  1241.  Name  of  body  corporate.]  Every  such  district  shall  be  a  body 
corporate  for  school  purposes  by  the  name  of  "The  Board  of  Education  of  the 

city,   town  or  village   (as   the  case   may  be)    of (here 

insert  the  corporate  name  of  the  city,  town  or  village)  of  the  State  of  North 
Dakota,"  and  shall  possess  all  the  powers  and  duties  usual  to  corporations  for 
public  purposes  or  conferred  upon  it  by  this  article  or  which  may  hereafter 
be  conferred  upon  it  by  law;  and  in  such  name  it  may  sue  and  be  sued,  contract 
and  be  contracted  with,  and  hold  and  convey  such  real  and  personal  property 
as  shall  come  into  its  possession  by  will  or  otherwise;  and  it  shall  procure  and 
keep  a  corporate  seal  by  which  its  official  acts  may  be  attested. 

§  1242.  Conveyance  of  school  property.  How  executed.]  Any  such 
city  or  incorporated  town   or   village  is  authorized  and   required   upon   the  re- 


STATE  OF  NORTH  DAKOTA  39 


quest  of  the  board  of  education,  to  convey  to  such  hoard  of  education  all  prop- 
erty within  the  limits  of  any  such  corporation  heretofore  purchased  by  it  for 
school  purposes  and  now  held  and  used  for  such  purposes,  the  title  to  which 
is  vested  in  any  such  civil  corporation.  All  conveyances  for  such  property 
shall  be  signed  by  the  mayor  or  president  of  the  board  of  trustees  or  commis- 
sion and  attested  by  the  clerk  of  such  corporation,  and  shall  have  the  seal  of 
the  corporation  affixed  thereto  and  be  acknowledged  by  the  mayor  or  president 
in  the  same  manner  as  other  conveyances  of  real  estate. 

§  1243.  Special  school  districts.  How  organized.]  When  a  petition 
signed  by  one-third  of  the  voters  of  a  city,  incorporated  or  platted  town  or 
village,  or  a  school  district  in  which  is  located  a  city  or  incorporated  or  platted 
town  or  village  entitled  to  vote  at  such  election,  is  presented  to  the  council, 
commission  or  board  of  trustees  of  such  city,  incorporated  or  platted  town  or 
village  or  school  district,  asking  that  such  city,  incorporated  or  platted  town 
or  village  or  school  district  be  organized  as  a  special  school  district,  such  coun- 
cil, commission  or  board  of  trustees  shall  within  ten  days  order  an  election  for 
such  purpose,  notice  of  which  shall  be  given,  and  the  election  conducted  and 
the  returns  made  in  the  manner  provided  by  law  for  the  annual  school  election; 
and  the  voters  of  such  city,  incorporated  town  or  village  or  school  district  shall 
vote  for  or  against  organization  as  a  special  school   district  at  such  election. 

§  1244.  Election  of  first  board  of  education.]  If  a  majority  of  the 
votes  cast  at  such  election  is  for  organization  as  a  special  school  district,  an- 
other election  shall  be  called  in  the  same  manner  as  prescribed  in  the  foregoing 
section,  at  which  the  voters  of  such  city,  incorporated  town  or  village  or  school 
district  shall  elect  five  members  of  the  board  of  education,  two  of  whom  shall 
serve  until  the  first  annual  election,  two  until  the  second  annual  election,  and 
one  until  the  third  annual  election  thereafter,  and  until  their  successors  are 
elected  and   qualified,   and   their  respective  terms  shall  be   determined  by  lot. 

§  1245.  Terms  of  office.  Quorum.]  The  board  of  education  of  each 
special  district  shall  consist  of  five  members  who  shall  be  elected  by  the  legal 
voters  thereof  and  who  shall  hold  their  office  for  the  term  of  three  years  and 
until  their  successors  are  elected  and  qualified,  except  as  provided  for  first  elec- 
tions under  this  article;  and  three  members  shall  constitute  a  quorum  for  the 
transaction  of  business  at  any  legal  meeting. 

§  1246.  Compensation  of  members.  Must  not  be  interested  in  con- 
tracts.] Each  member  of  such  board  of  education  shall  receive  a  compensa- 
tion of  one  dollar  and  fifty  cents  for  each  meeting  of  such  board  actually  attend- 
ed by  him;  provided,  that  no  compensation  shall  be  allowed  for  more  than  one 
meeting  in  each  calendar  month.  The  members  shall  not  be  interested,  di- 
rectly or  indirectly,  in  any  contract  for  making  any  improvements  or  repairs, 
or  for  erecting  any  building  or  for  furnishing  any  materials  or  supplies  for  their 
district. 

§  1247.  Meetings  of  board.]  The  annual  meeting  of  such  board  of  ed- 
ucation shall  be  held  on  the  second  Tuesday  in  July  following  the  annual  elec- 
tion, at  which  time  the  newly  elected  members  shall  assume  the  duties  of  their 
office.  The  board  shall  meet  for  the  transaction  of  business  as  often  as  once 
in  each  calendar  month  thereafter  and  may  adjourn  for  a  shorter  time.  Spe- 
cial meetings  may  l>r  called  by  the  president  or  in  his  absence  by  any  two  mem- 
bers of  the  board  or  by  giving  a   personal   notice  to  each  member  of  the  board 


40  GENERAL  SCHOOL  LAWS 


or  by  causing  a  written  or  printed  notice  to  be  left  at  his  place  of  residence, 
at  least  forty-eight  hours   before  the   time   of  such    meeting. 

§  1248.  Organization  of  board  ]  At  the  annual  meeting  on  the  second 
Tuesday  in  July  of  each  year  such  board  of  education  shall  organize  by  elect- 
ing a  president  from  among  its  members,  who  shall  serve  for  one  year,  and  they 
shall  also  appoint  a  clerk  and  a  treasurer,  not  of  their  own  number,  who  shall 
hold  their  offices  during  the  pleasure  of  the  board  and  receive  such  compensa- 
tion for  their  services  as  shall  be  fixed  by  the  board.  In  the  absence  of  the 
president  at  any  meeting  a  president  pro  tempore  may  be  elected  by  the  board. 

§  1249.  Duties  of  president.]  The  president  shall  preside  at  all  meet- 
ings of  the  board,  appoint  all  committees  whose  appointment  is  not  otherwise 
provided  for  and  sign  all  warrants  ordered  by  the  board  to  be  drawn  upon  the 
treasurer   for   school    moneys   and   perform   other   acts   required   by   law. 

§  1250.  Duties  of  clerk.  Records.]  The  clerk  shall  keep  a  true  rec- 
ord of  all  the  proceedings  of  the  board,  take  charge  of  its  books  and  documents, 
countersign  all  warrants  for  school  moneys  drawn  upon  the  treasurer  by  order 
of  the  board  and  affix  the  corporate  seal  thereto  and  perform  such  other  duties 
as  the  board  may  require.  The  records,  books,  vouchers  and  papers  of  the  board 
shall  be  open  to  examination  by  any  taxpayer  of  the  district.  Such  rec- 
ord or  a  transcript  thereof  certified  by  the  clerk  and  attested  by  the  seal  of  the 
boaid,  shall  be  received  in  all  courts  as  prima  facie  evidence  of  the  facts  therein 
set  forth. 

§  1251.  Powers  and  duties  of  board.]  Each  board  of  education  shall 
have  the  power  and  it  shall  be  its  duty: 

1.  To  establish  a  system  of  graded  common  schools  which  shall  be  free  to 
all  children  of  legal  school  age,  residing  within  such  special  district,  and  shall 
be  kept  open  not  less  than  seven  nor  more  than  ten  months  in  any  year. 

2.  To  establish  and  maintain  such  schools  in  its  city,  town  or  village,  as 
it  shall   deem  requisite  or  expedient   and   to  change   or  discontinue   the  same. 

3.  To  establish  and  maintain  a  high  school,  whenever  in  its  opinion  the 
educational  interests  of  the  corporation  demand  the  same,  in  which  such  courses 
of  study  shall  be  pursued  as  shall  be  prescribed  or  approved  by  the  superin- 
tendent of  public  instruction,  together  with  such  additional  courses  as  such 
board  of  education   may   thereafter   deem   advisable  to  establish. 

4.  To  purchase,  sell,  exchange  and  hire  school  houses  and  rooms,  lots  or  sites 
for  school  houses,  and  to  fence  and  otherwise  improve  them  as  it  deems  proper. 

5.  Upon  such  lots  and  upon  such  sites  as  may  be  owned  by  such  special 
district,  to  build,  alter,  enlarge,  improve  and  repair  school  houses,  out  houses 
and   appurtenances   as   it   may   deem   advisable. 

6.  To  purchase,  sell,  exchange,  improve  and  repair  school  apparatus,  text 
books  for  the  use  of  the  pupils,  furniture  and  appendages,  and  to  provide  fuel 
for  the  schools. 

7.  To  have  the  custody  of  all  school  property  of  every  kind  and  to  see  that 
the  ordinances  and  by-laws  of  the  city  or  village  in  relation  thereto  are  ob- 
served. 

8.  To  contract  with,  employ  and  pay  all  teachers  in  such  schools  and  to 
dismiss  and  remove  for  cause  any  teacher  whenever  the  interests  of  the  school 
may  require  it;  but  any  such  teacher  shall  be  required  to  hold  a  certificate  to 
teach,    issued   by   the   county   superintendent   or   the   superintendent   of   public 


STATE  OF  NORTH  DAKOTA  41 


instruction,  and  if  any  such  teacher  holds  only  an  elementary  certificate  the 
board  may  impose  such  further  requirements  as  the  best  interests  of  the  several 
grades  may  require.  No  person  who  is  related  to  any  member  of  the  board, 
by  blood  or  marriage,  shall  be  employed  as  a  teacher  without  the  concurrence 
of  the  entire  board. 

9.  To  employ,  should  it  deem  expedient,  a  competent  and  discreet  person 
as  superintendent  of  schools  for  a  period  not  to  exceed  three  years,  and  to  pay 
such  person  a  reasonable  salary;  such  superintendent  may  be  required  to  act 
as  principal  or  teacher  in  such  school. 

10.  To  defray  the  necessary  and  contingent  expenses  of  the  board,  includ- 
ing the  compensation  of  its  clerk. 

11.  To  adopt,  alter  and  repeal,  whenever  it  may  deem  expedient,  rules  and 
regulations  for  the  reception,  organization,  grading,  government  and  instruc- 
tion of  pupils,  their  suspension,  expulsion  or  transfer  from  one  school  to  an- 
other. But  no  pupil  shall  be  suspended  or  expelled  except  for  insubordination, 
habitual  indolence  or  disorderly  conduct;  such  suspension  shall  not  be  for  a 
longer  period  than  ten  days,  nor  such  expulsion  beyond  the  end  of  the  current 
term  of  school. 

12.  Each  member  shall  visit,  at  least  twice  in  each  year,  all  the  public  schools 
in  the  city  or  village. 

13.  To  make  a  report  on  July  1st,  or  as  soon  thereafter  as  practicable,  of 
the  progress,  prosperity  and  condition,  financial  as  well  as  educational,  of  all 
the  schools  under  its  charge,  a  copy  of  which,  together  with  such  further  in- 
formation as  shall  be  required  by  the  superintendent  of  public  instruction, 
shall  be  forwarded  to  the  county  superintendent,  the  same  as  reports  are  made 
by  other  school  districts;  and  such  report  or  such  portion  thereof  as  the  board 
of  education  shall  consider  advantageous  to  the  public,  shall  be  published  in 
a  newspaper  in  the  city  or  village,  and  in  cities  of  over  eight  hundred  inhab- 
itants it  may  be  published  in  pamphlet  form. 

14.  To  admit  children  of  persons  not  living'  in  such  special  district,  and 
to  fix  and  collect  tuition  therefor,  if  in  its  judgment  the  best  interests  of  the 
school   will   permit. 

15.  To  cause  an  enumeration  to  be  made  annually,  of  the  children  of  school 
age  within  such  special  district,  including  those  residing  in  any  territory  there- 
to attached  for  school  purposes,  as  provided  for  other  school  districts,  and  re- 
turn   the    same    to    the    county    superintendent. 

§  1252.  School  under  supervision  of  whom.]  The  schools  of  each  spe- 
cial district  shall  be  under  the  immediate  supervision  of  the  board  of  education 
or  the  school  superintendent  appointed  by  such  board,  provided  that  where  no 
superintendent  is  appointed  by  the  board,  the  schools  of  such  district  shall 
be  under  the  supervision  of  the  county  superintendent  of  schools  in  the  same 
manner  as  arc  I  he  schools  of  a  common  school  district. 

§  1253.  Treasurer,  custodian  of  school  moneys.]  All  moneys  from 
whatever  source,  which  the  board  of  education  of  any  special  district  shall  by 
law  be  authorized  to  receive,  shall  be  paid  over  to  the  treasurer  of  the  said  board 
and  he  shall  charge  I  he  same  to  the  proper  fund. 

§  1254.  Treasurer.]  The  treasurer  of  any  city,  town  or  village  compris- 
ing a  special  district  shall  be  treasurer  of  the  board  of  education  thereof;  pro- 
vided, however,  should  the  said  special  school  district  have  within  its  bounda- 


GENEEAL  SCHOOL  LAWS 


ries  and  be  comprised  partly  of  territory  without  the  limits  of  said  city,  town 
or  village,  then  the  said  special  school  district  shall  elect,  at  its  regular  elec- 
tions, a  treasurer  in  the  manner  provided  by  law  for  the  election  of  school  dis- 
trict treasurer. 

§  1255.  Treasurer.  Duties  of.]  The  treasurer  of  each  board  of  educa- 
tion shall  keep  a  true  account  of  the  receipts  and  expenditures  of  the  various 
funds  separately,  and  shall  prepare  and  submit  in  writing  a  quarterly  report 
of  the  state  of  the  finances  of  the  district,  and  shall,  when  required,  produce 
at  any  meeting  of  such  board,  or  any  committee  appointed  for  the  purpose 
of  examining  his  accounts,  all  books  and  papers  pertaining  to  his  office.  He 
shall  safely  keep  in  his  possession  or  under  his  control  all  school  moneys  com- 
ing into  his  hands,  and  shall  pay  out  such  moneys  only  upon  a  warrant  signed 
by  the  president,  countersigned  by  the  clerk  and  attested  by  the  corporate 
seal  of  the  board. 

§  1256.  Treasurer's  bond.]  The  treasurer  of  the  board  shall  execute  a 
bond  to  such  board,  with  sufficient  sureties  to  be  approved  by  the  board,  in 
such  sum  as  such  board  may  from  time  to  time  require,  as  near  as  can  be  as- 
certained in  double  the  amount  of  the  moneys  likely  to  come  into  his  hands, 
conditioned  for  the  faithful  discharge  of  his  duties  as  treasurer;  which  bond  shall 
be  in  addition  to  his  bond  to  the  city,  town  or  village.  In  case  of  the  failure 
of  the  city,  town  or  village  treasurer  to  give  such  bond  within  ten  days  after 
being  required  so  to  do  by  such  board  of  education,  such  treasurer's  office  shall 
become  vacant  and  the  council  or  board  of  trustees  of  sueh  city,  town  or  village 
shall  appoint  another  person  to  his  place,  who  shall  give  such  additional  bonds. 

§  1257.  Taxable  property.]  The  taxable  property  of  the  whole  school 
corporation  including  the  territory  attached  for  school  purposes  shall  be  sub- 
ject to  taxation.  All  taxes  collected  for  the  benefit  of  the  school  shall  be  paid 
in  money,  and  shall  be  placed  in  the  hands  of  the  treasurer,  subject  to  the  or- 
der of  the  board  of  education. 

§  1258.  Annual  school  tax.]  The  board  of  education  shall  on  or  before 
the  twentieth  day  of  July  of  each  year  levy  a  tax  for  the  support  of  the  schools 
of  the  corporation,  including  any  expenditures  allowed  by  law,  for  the  fiscal 
year  next  ensuing,  not  exceeding  in  any  one  year  thirty  mills  on  the  dollar  on 
all  the  real  and  personal  property  within  the  district  which  is  taxable  accord- 
ing to  the  laws  of  this  state,  the  amount  of  which  levy  the  clerk  of  the  board 
shall  certify  to  the  county  auditor,  who  is  authorized  and  required  to  place 
the  same  on  the  tax  roll  of  such  county  to  be  collected  by  the  county  treasurer 
as  other  taxes  and  paid  over  by  him  to  the  treasurer  of  the  board  of  education, 
of  whom  he  shall  take  a  receipt  in  duplicate,  one  of  which  he  shall  file  in  his 
office  and  the  other  he  shall  forthwith  transmit  to  the  clerk  of  the  board  of  ed- 
ucation. Provided,  however,  that  in  districts  having  a  high  school  an  addi- 
tional tax  of  ten  mills  on  the  dollar  may  be  levied  if  a  majority  ,of  the  school 
voters  of  such  district  annually  authorize  such  levy  at  the  annual  school  elec- 
tion. Notice  that  the  question  of  levying  such  additional  tax  will  be  voted 
on  at  the  election,  shall  be  given  by  posting  or  publishing  the  same  in  the  manner 
provided  for  the  giving  of  notice  of  the  election  of  the  board  of  education  in 
section  1263  of  the  Compiled  Laws  of  North  Dakota  for  the  year  1913.  The 
levy  of  this  additional  tax,  if  authorized  by  the  voters  as  aforesaid,  shall  be 
made  by  a  resolution  of  the  board  prior  to  the  twentieth  day  of  July. 


STATU  OF  NORTH  DAKOTA  43 


§  1259.  Expenditures.  Contracts.]  No  expenditures  involving  an 
amount  greater  than  one  hundred  dollars  shall  be  made  except  in  accordance 
with  the  provisions  of  a  written  contract,  and  no  contract  involving  an  expend- 
iture of  more  than  five  hundred  dollars  for  the  purpose  of  erecting  any  pub- 
lic buildings  or  making  any  improvements  shall  be  made  except  upon  sealed 
proposals  and  to  the  lowest  responsible  bidder,  after  public  notice  for  fourteen 
days  previous  to  receiving  such  bids. 

§  1260.  Board  assumes  control  after  equalization  of  debts  and 
property.]  When  any  board  of  education  shall  be  organized  under  the  pro- 
visions of  this  article,  it  shall,  after  the  equalization  hereinafter  provided  for, 
assume  control  of  the  schools  of  the  city,  town  or  village,  and  shall  be  entitled 
to  the  possession  of  all  property  of  the  former  district  or  districts  or  parts  there- 
of lying  within  such  city,  town  or  village,  for  the  use  of  schools.  Such  board 
shall  also  be  entitled  to  its  due  proportion  of  all  moneys  on  hand  and  taxes  al- 
ready levied  but  not  collected,  and  shall  be  liable  for  a  proper  amount  of  the 
debts  and  liabilities  of  such  former  district,  to  be  determined  in  the  manner 
provided  in  this  chapter  for  the  equalization,  determination  and  division  of 
debts,    property   and   assets   of   school   districts   consolidated   or   divided. 

§  1261.  Special  district  may  become  part  of  common  school  district, 
when.]  Any  special  district  organized  under  the  general  school  laws  and  pro- 
vided with  a  board  of  education  may  become  a  part  of  the  common  school  dis- 
trict in  which  it  is  located,  whenever  it  is  so  decided  by  a  majority  vote  of  the 
school  electors  of  the  city,  town  or  village  and  of  such  common  school  dis- 
trict voting  at  an  election  called  for  that  purpose.  An  (election)  for  such  pur- 
pose shall  be  ordered  and  proper  notice  thereof  given  by  the  board  of  educa- 
tion of  the  special  district,  and  the  school  board  of  such  common  school  district 
in  the  same  manner  as  is  required  for  the  election  of  school  officers  in  such  district, 
when  petitioned  by  one-third  of  the  voters  resident  in  such  district;  and  when  so 
united  the  determination  and  division  of  the  debts,  property  and  assets  shall  be 
made  by  arbitration  as  provided  in  this  chapter  for  school  districts 
consolidated   or  divided.  Villages    not    incorporated    but    heretofore    organ- 

ized under  the  general  school  laws  and  provided  with  a  board  of  education 
shall  become  a  part  of  the  school  district  in  which  they  are  located  and  the 
determination  and  division  of  the  property,  debts  and  assets  shall  be  made 
by  arbitration  as  aforesaid. 

§  1262.  Election  of  boards  of  education  in  special  districts.]  On 
the  first  Tuesday  in  June,  each' year,  an  election  shall  be  held  in  each  special 
district  at  which  such  members  of  the  board  of  education  shall  be  elected  at 
large  as  shall  be  necessary  to  fill  all  vacancies  therein  caused  by  expiration  of 
terms  of  office  or  otherwise,  and  each  member  elected  shall  serve  for  a  term  of 
three  years  commencing  on  the  second  Tuesday  in  July  following  his  election 
and  until  his  successor  is  elected  and  qualified  except  when  elected  to  serve 
an  unexpired  term.  The  polls  shall  be  open  at  9  o'clock  a.  m.  and  kept  open 
until  4  o'clock  p.   m.   on  the  day  of  such  election. 

§  1263.  Notice  of  election.]  Such  election  shall  be  called  by  the  board 
of  education  of  such  special  district,  which  shall  cause  notice  thereof  to  be  post- 
ed or  published  as  required  by  law  for  the  annual  election  of  civil  officers  in  the 
city,  town  or  village  comprising  such  special  district;  such  notice  shall  be  signed 
by  the  clerk,  or,  in  his  absence,   by   the  president  of  the  board  of  education  of 


44  GENEEAL  SCHOOL  LAWS 


such  district,  and  shall  state  the  time  and  place  of  holding  such  election  and 
what  officers  are  to  be  elected  and  their  terms. 

§  1264.  Notice  of  election.  Form  of.]  Such  notice  shall  be  in  sub- 
stantially   the   following   form: 

Notice  is  hereby  given  that  on  Tuesday,  the... day  of  June,  A.  D. 

an   annual   election    will   be   held   at ..(here 

insert  polling  place)  for  the  purpose  of  electing  the  following  members  of  the 

board  of  education ...(here  insert  terms  for 

which  they  are  to  be  elected),  for  the  city,  town  or  village 

(here  insert  name),  and  the  polls  will  be  open  at  nine  o'clock  a.  m.,    and   closed 
at  four  o'clock  p.  m.  of  that  day. 

By  order  of  the  Board  of  Education. 

Signed... Clerk. 

§  1265.  Candidates.  Official  ballot.]  Any  person  desiring  to  be  a  can- 
didate at  such  election  -shall  file  his  or  her  name  with  the  clerk  not  less  than 
five  days  before  such  election,  stating  what  position  he  or  she  desires  to  be  a 
candidate  for.  At  least  three  days  before  such  election  the  clerk  shall  pre- 
pare and  have  printed  an  official  ballot  containing  all  the  names  filed  as  here- 
inbefore provided.  Such  ballot  shall  be  headed  "Official  Ballot,"  shall  con- 
tain the  name  of  the  district  and  the  date  of  such  election,  shall  be  non-partisan, 
and  state  the  number  of  persons  to  be  voted  for  for  each  office,  shall  contain 
blank  spaces  below  for  writing  in  other  names.  Provided,  nothing  herein  shall 
prevent  any  person  desiring  to  be  a  candidate  at  such  election  and  who  failed 
to  file  as  hereinbefore  provided,  from  providing  stickers  to  be  attached  to  the 
official  ballot  by  the  voter,  such  stickers  to  be  not  over  one-half  inch  in  width 
and  have  printed  thereon  one  name  only. 

§  1266.  The  provisions  of  sections  640,  641,  644,  648,  649  and  681  of  the 
Revised  Codes  of  1905,  and  of  sections  9,  10,  11,  12,  13,  14,  15,  16,  17,  18,  19, 
20,  and  21  of  chapter  129  of  the  Session  Laws  of  1911,  shall  apply  to  elections 
held  under  the  provisions  of    sections   1264  and  1265. 

§  1267.  Election  precincts  and  officers  of  election.]  At  least  four- 
teen days  prior  to  such  election  the  board  of  education  of  each  special  district 
shall  designate  one  polling  place  and  appoint  two  persons  to  act  as  judges  and 
two  persons  to  act  as  clerks.  Before  opening  the  polls  each  of  such  judges 
and  clerks  shall  take  an  oath  that  he  will  perform  his  duties  as  judge  or  clerk 
(as  the  case  may  be)  according  to  law  and  to  the  best  of  his  ability,  which  oath 
may  be  administered  by  any  officer  authorized  to  administer  oaths  or  by  either 
of  said  judges  or  clerks  to  the  others. 

§  1268.  Canvass  of  returns.]  Such  election  shall  be  conducted,  the 
votes  canvassed  in  the  manner  provided  by  law  for  election  of  county  officers, 
and  returns  shall  be  made  showing  the  number  of  votes  cast  for  each  person 
for  any  office,  which  shall  be  signed  by  the  judges  and  clerks  of  election,  and 
the  person  receiving  the  highest  number  of  votes  for  each  office  in  the  district 
shall  be  declared  elected,  and  the  returns  shall  be  filed  with  the  clerk  of  the 
board  of  education  within  two  days  thereafter. 

§  1269.  Certificates  of  election.]  The  clerk  of  the  board  shall  give  to 
each  person  elected  at  such  election  a  certificate  stating  that  he  was  duly  elected 
as  a  member  of  the  board  of  education  and  the  time  he  is  to  take  the  oath  and 
enter  upon  the  duties  of  his  office.     Such  clerk  shall  also,  within  five  days,  cer- 


STATE  OF  NORTH  DAKOTA  45 


tify  to  the  county  superintendent  of  schools  the  persons  so  elected  and   their 
terms. 

§  1270.  Oath  of  office.]  Before  entering  upon  the  duties  of  his  office 
each  person  elected  or  appointed  as  a  member  of  the  board  of  education  shall 
take  the  oath  or  affirmation  prescribed  in  section  211  of  the  Constitution,  which 
oath  shall  be  filed  with  the  clerk  of  the  board. 

§  1271.  Vacancies.  How  filled.]  The  board  of  education  of  each  city, 
town  or  village  shall  have  power  to  appoint  a  person  to  fill  any  vacancy 
which  may  occur  in  the  board;  and  such  appointee  shall  hold  his  office  until  the 
next  annual  school  election,  at  which  time  a  person  shall  be  elected  to  serve 
for  the  unexpired  term;  but  if  such  vacancy  shall  occur  within  ten  days  before 
an  annual  election,  such  appointee  shall  hold  office  until  the  annual  election 
in  the  following  year.  When  any  such  appointment  shall  be  made  the  clerk 
shall  certify  the  same  to  the  county  superintendent. 

§  1272.  Bonds,  how  and  when  issued.]  Whenever  the  taxes  authorized 
by  law  shall  not  be  sufficient  or  shall  be  deemed  by  the  board  of  education  to 
be  burdensome,  bonds  may  be  issued  and  negotiated  for  the  purpose  of  rais- 
ing money  to  purchase  a  site  or  to  erect  suitable  buildings  thereon,  or  to  fund 
any  outstanding  indebtedness,  or  for  the  purpose  of  taking  up  any  outstand- 
ing bonds  of  the  school  corporation:  provided,  that  the  issuance  of  such  bonds 
shall  first  be  authorized  by  the  voters  of  such  special  district  as  hereinafter 
prescribed.  Such  bonds  shall  be  signed  by  the  president  and  clerk  and  at* 
tested  by  the  corporate  seal  of  the  board,  shall  bear  the  date  of  their  issue,  and 
be  payable  in  not  less  than  five  nor  more  than  twenty  years  from  their  date, 
at  such  place  as  shall  be  designated  upon  their  face. 

§  1273.  Denomination  of  bonds.]  The  denominations  of  the  bonds  which 
may  be  issued  under  the  provisions  of  this  article  shall  be  fifty  dollars  or  some 
multiple  of  fifty,  and  shall  bear  interest  at  not  more  than  five  per  cent,  per  an- 
num, payable  semi-annually  on  the  first  day  of  January  and  July  in  each  year, 
shall  show  upon  their  face  that  they  are  issued  for  school  purposes,  and  shall 
be  sold  at  not  less  than  par.  Each  bond  shall  have  endorsed  thereon  the  cer 
tificate  of  the  clerk  stating  that  such  bond  is  issued  pursuant  to  law  and  is  within 
the   debt  limit  prescribed   by   the   Constitution. 

§  1274.  Bonds.  Election  for  issuing.]  Before  issuing  any  such  bonds 
the  board  of  education  shall  call  an  election  for  the  purpose  of  submitting  to 
the  voters  of  the  district  the  question  of  issuing  such  bonds,  notice  of  which 
shall  be  given  in  the  manner  prescribed  by  law  for  giving  notice  of  the  annual 
election  for  the  several  officers  of  the  city,  town  or  village  comprising  such  spe- 
cial district,  except  that  such  notice  shall  be  given  fourteen  days  before  such 
election.  Such  election  shall  be  conducted  and  the  returns  made  in  the  manner 
provided  for  the  annual  election  of  members  of  the  board  of  education  and  may 
be  held  at  the  time  of  the  annual  school  election  or  at  any  other  time  named  in 
such  notice.  The  notice  of  such  election  shall  clearly  state  the  amount  of  the 
bonds  proposed  to  be  issued,  the  time  in  which  they  shall  be  made  payable, 
the  purpose  for  which  they  are  to  be  issued,  and  the  time  and  place  such  elec- 
tion will  be  held.  At  such  election  the  voters  shall  have  written  or  printed 
on  their  ballots  "for  issuing  bonds"  or  "against  issuing  bonds,"  and  if  a  major- 
ity of  the  votes  cast  is  for  issuing  bonds  such  bonds  shall  be  issued  and  negoti- 
ated by  such  board  of  education,   but  if  a   majority   thereof  is  against  issuing 


46  (IKNERAL  SCHOOL  LAWS 


bonds  such  bonds  shall  not  be  issued,  nor  shall  the  question  be  again  submit- 
ted for  one  year  thereafter  except  for  a  different  amount  and  then  only  upon 
a  written  petition  of  a  majority  of  the^voters  of  the  district. 

§  1275.  Bonds  to  specify  what.  Debt  limit.]  The  bonds,  the  issuance 
of  which  is  provided  for  in  the  foregoing  section,  shall  specify  the  rate  of  in- 
terest and  the  time  when  the  principal  and  interest  shall  be  paid;  and  no  dis- 
trict shall  issue  bonds  in  pursuance  of  this  article  in  a  sum  greater  than  five 
per  cent,   of  its  assessed  valuation,   including  other  debts. 

§  1276.  Levy  for  interest  and  sinking  fund.]  The  board  of  education 
at  the  time  of  its  annual  tax  levy  for  the  support  of  schools  shall  also  levy  a 
sufficient  amount  to  pay  the  interest  as  the  same  accrues  on  all  bonds  issued 
under  the  provisions  of  this  article,  and  also  to  create  a  sinking  fund  for  the  re- 
demption of  such  bonds,  which  it  shall  levy  and  collect  in  addition  to  the  rate 
per  cent,  authorized  by  the  provisions  aforesaid  for  school  purposes,  and  such 
amount  of  funds  when  paid  into  the  treasury  shall  be  and  remain  a  special  fund 
for  such  purpose  only,  and  shall  not  be  apportioned  in  any  other  way  except 
as  hereinafter  provided.  At  or  before  the  issuance  of  any  bonds  as  herein  pro- 
vided the  board  shall  by  resolution  provide  for  such  annual  levy  to  pay  the 
interest  and  to  create  such  sinking  fund,  and  such  resolutions  shall  remain  in 
force  until  all  such  bonds  and  the  interest  thereon  shall  have  been  paid. 

§  1277.  Investment  of  sinking  funds.  [School  districts.]  All  moneys 
raised  for  the  purpose  of  creating  a  sinking  fund  for  the  final  redemption  of  all 
bonds  issued  under  article  14  of  chapter  12  of  the  Political  Code  of  the  state  shall 
be  invested  annually  by  the  board  of  education  of  any  special  school  district 
in  this  state  as  follows,   viz: 

1.  In  the  bonds  of  this  state  or  of  the  United  States. 

2.  A  special  school  district  board  may  designate  one  or  more  national  or 
state  banks  in  the  county  where  such  special  school  district  is  situated,  as  a 
depositary  for  such  sinking  fund,  and  in  such  case  the  school  board  shall  ad- 
vertise for  at  least  fourteen  days  in  some  newspaper  printed  within  the  limits 
of  said  special  school  district,  if  there  be  one,  if  not,  in  the  county  where  said 
school  district  is  situated,  for  sealed  proposals  for  the  deposit  of  the  sinking 
fund  of  such  school  district,  reserving  the  right  to  reject  any  and  all  bids,  and 
satisfying  itself  of  the  responsibility  of  all  banks  proposing  to  act  as  depositaries. 
Before  any  bank  shall  be  designated  as  such  depositary,  it  shall  present  to  the 
school  board  a  sealed  proposal  stating  in  writing  what  rate  of  interest  will  be 
paid  for  the  deposit  of  such  sinking  funds,  and  shall  submit  to  the  board  for 
its  approval  a  bond  payable  to  the  special  school  district  conditioned  for  the  safe 
keeping  and  repayment  of  any  funds  deposited  in  such  bank,  which  bond  shall 
be  signed  by  not  less  than  three  freeholders  of  this  state  as  sureties  or  some 
surety  bond  company  qualified  to  do  business  in  this  state,  and  such  bond  to 
be  in  the  sum  required  by  the  school  board  and  in  no  case  to  be  less  than  double 
the  probable  amount  of  the  funds  to  be  deposited  in  such  bank.  The  approval 
of  such  bond  shall  be  endorsed  thereon  by  the  board  and  deposited  with  the 
county  auditor,  and  any  bank  whose  bond  shall  have  been  so  approved  shall 
thereupon  be  designated  by  the  school  board  as  a  depositary  for  the  sinking 
fund,  and  shall  continue  as  such  until  such  time  as  the  board  shall  direct  the 
withdrawal  of  such  funds  or  until  such  funds  are  needed  for  the  payment  or 
the  purchase  of  bonds  as  provided  in  this  act.     When  the  sinking  fund  of  any 


STATE  OP  NORTH  DAKOTA  47 


special  school  district  is  deposited  by  the  treasurer  of  the  board  of  education 
of  said  school  district  in  the  name  of  the  school  district  in  such  depositary,  such 
treasurer  and  his  sureties  shall  be  exempt  from  all  liability  thereon  by  reason 
of  loss  of  any  such  funds  from  the  failure,  bankruptcy  or  any  other  act  of  any 
such  bank,  to  the  extent  only  of  such  funds  in  the  hands  of  such  bank  or  banks 
at  the  time  of  such  failure  or  bankruptcy.  Such  depositary  shall  furnish  to 
the  clerk  of  the  board  of  education  of  such  special  school  district  prior  to  the 
fifth  day  of  July  of  each  year,  a  verified  statement  of  the  school  district  account 
with  such  depositary  for  the  year  ending  June  30th,  which  statement  shall 
show  a  credit  to  such  deposit  account  of  all  sums  of  interest  accruing  on  the 
sinking  fund  deposited. 

3.  The  board  of  education  of  any  special  school  district  may  buy  and  can- 
cel the  bonds  of  such  district  and  pay  for  the  same  with  the  moneys  in  the  sink- 
ing fund  created  to  pay  such  bonds. 

4.  In  first  mortgages  on  farm  lands  in  this  state  only  in  the  following  man- 
ner, to-wit: 

(a)  That  said  first  mortgages  and  all  of  them  shall  run  for  a  period  of  time 
not  to  exceed  ten  years  and  that  the  funds  so  invested  shall  bear  interest  at  a 
rate  not  less  than  six  per  cent,  per  annum  and  such  interest  when  paid  shall  be 
covered  into  and  become  a  part  of  the  said  sinking  fund. 

(b)  First  mortgage  loans  shall'  be  made  only  upon  cultivated  lands  within 
the  state,  and  in  no  case  on  lands  of  which  the  appraised  value  is  less  than  seven 
dollars  and  fifty  cents  per  acre,  and  in  sums  not  to  exceed  forty  per  cent,  of 
the  appraised  valuation  of  such  lands.  Such  appraisemnt  to  be  made  by  the 
school  board  of  such  special  school  district  or  by  some  competent  person  desig- 
nated by  them  for  that  purpose. 

§  1278.  Satisfaction  and  foreclosure  of  mortgages.]  All  or  any  of  said 
mortgages  may  be  satisfied  at  any  time  after  five  years  from  the  date  when 
made  on  payment  of  the  full  amount  due  thereon,  by  any  instrument  in  writing 
executed  in  the  corporate  name  of  the  special  school  district  which  shall  be  the 
payee  in  all  notes  taken  for  loans  as  herein  provided  and  the  mortgagee  in  all 
mortgages  taken.  Such  instrument  to  be  executed  and  acknowledged  in  the 
same  manner  as  is  or  may  be  provided  by  law  for  the  execution  and  acknowledg- 
ment of  transfers  of  real  estate  by  corporations.  Such  mortgages  may  be  fore- 
closed by  advertisement  or  an  action  in  the  name  of  the  special  school  district 
in  any  court  of  competent  jurisdiction  as  is  now  or  may  be  provided  by  law. 

§  1279.  Interest  coupons.]  When  the  interest  coupons  of  the  bonds  here- 
inbefore authorized  shall  become  due  they  shall  be  promptly  paid  by  the  treas- 
urer, upon  presentation,  out  of  any  moneys  in  his  hands  collected  for  that  pur- 
pose, and  he  shall  indorse  in  red  ink  upon  the  face  of  such  coupons  the  word 
"paid"  and  the  date  of  payment  and  sign  the  initials  of  his  name. 

§  1280.  Security  for  payment  of  bonds.]  The  school  fund  and  property 
of  such  school  corporation  and  territory  attached  for  such  purposes  is  hereby 
pledged  to  the  payment  of  the  interest  and  principal  of  the  bonds  mentioned 
in   this  article  as  the  same  may  become  due. 

§  1281.  Bond  register.]  The  clerk  of  the  board  of  education  shall  regis- 
ter in  a  book  provided  for  that  purpose  the  bonds  issued  under  this  article, 
and  all  warrants  issued  by  the  board,  which  register  shall  show  the  number, 
date   and   amount    of  such   bonds   and   to   whom   payable. 


48  GENERAL  SCHOOL  LAWS 


§  1282.  Refunding  bonds.  Issuance  of.]  The  board  of  education  of 
any  special  or  independent  school  district  shall  have  power,  whenever  two-thirds 
of  the  members  of  such  board  shall  deem  it  necessary  for  the  best  interests  of 
such  school  district,  to  issue  bonds  for  the  purpose  of  refunding  any  outstand- 
ing bonds  when  the  same  become  due.  Such  bonds  shall  be  issued  in  denom- 
inations of  fifty  dollars  or  some  multiple  of  fifty,  and  shall  not  exceed  in  amount 
the  face  value  of  the  bonds  they  are  issued  to  replace,  and  shall  not  bear  a  higher 
rate  of  interest  than  five  per  cent,  per  annum,  payable  semi-annually  on  the 
first  day  of  January  and  July  of  each  year,  nor  run  for  a  longer  period  than  twen- 
ty  years. 

§  1283.  Bonds  may  be  exchanged.]  Such  refunding  bonds  may  be  ex- 
changed at  par  for  an  equal  amount  of  outstanding  bonds  or  may  be  sold  at 
not  less  than  par  value  and  the  proceeds  applied  solely  to  the  payment  of  the 
bonds  to  be  refunded,  except  that  any  premium  that  may  be  received  on  the 
sale  of  such  bonds  shall  be  kept  as  a  separate  fund  and  used  for  the  payment 
of  the  interest  on  such  bonds. 

§  1284.  Issue  of  bonds.  How  governed.]  In  the  issuance  of  such  re- 
funding bonds  the  board  of  education  shall  be  governed  by  the  provisions  of 
sections  1274  to  1280. 

§  1285.  Surplus  funds.  How  transferred.]  Any  moneys  remaining  in 
the  treasury  of  such  school  districts,  appropriated  or  held  for  the  purpose  of 
paying  such  bonds  so  refunded,  may,  at  the  discretion  of  the  board  of  educa- 
tion at  any  time  within  six  months  after  such  refunded  bonds  have  been  taken 
up  and  cancelled,  be  transferred  to  the  building  or  contingent  fund  of  such 
district. 

ARTICLE  10.— INDEPENDENT  SCHOOL  DISTRICTS. 

§  1286.  Independent  school  districts.  How  organized.]  Any  city 
heretofore  organized  for  school  purposes  under  a  special  law  and  provided  with 
a  board  of  education  may  become  incorporated  as  an  independent  school  dis- 
trict under  the  provisions  of  this  article  in  the  manner  following:  Whenever 
one-eighth  of  the  legal  voters  of  such  city  voting  at  the  preceding  municipal 
election  shall  petition  the  mayor  and  council  thereof  to  submit  the  question 
as  to  whether  such  city  shall  establish  an  independent  school  district  under 
this  article  to  a  vote  of  the  electors  in  such  city  it  shall  be  the  duty  of  such  may- 
or and  council  tp  submit  such  question  accordingly  and  to  appoint  a  time  and 
place  or  places  at  which  such  vote  may  be  taken  and  to  designate  the  persons 
who  shall  act  as  judges  at  such  election,  but  such  question  shall  not  be  submitted 
oftener  than  once  in  two  years. 

§  1287.  Notice  of  election.]  The  mayor  of  such  city  shall  cause  at  least 
fourteen  days'  notice  of  such  election  to  be  given  by  publishing  a  notice  there- 
of in  one  or  more  newspapers  within  such  city,  but  if  no  newspaper  is  published 
therein,  then  by  posting  at  least  five  copies  of  such  notice  in  each  ward  or  vot- 
ing precinct. 

§  1288.  Form  of  ballots.  Returns.]  The  ballots  to  be  used  at  such 
election  shall  be  in  the  following  form:  "For  establishing  an  independent 
school  district,"  or  "against  establishing  an  independent  school  district."  The 
judges  of  such  election   shall    make   returns  thereof  to   the  city   council   whose 


STATE  OF  NOETH  DAKOTA  49 


duty  it  shall  be  to  canvass  such  returns  and  cause  the  result  of  such  canvass 
to  be  entered  upon  the  records  of  such  city.  If  a  majority  of  the  votes  cast 
at  such  election  shall  be  for  establishing  an  independent  school  district,  such 
independent  school  district  shall  henceforth  be  deemed  to  be  organized  under 
this  article  and  the  board  of  education  then  in  office  shall  thereupon  exercise 
the  powers  conferred  upon  the  officers  in  this  article  until  their  successors  are 
elected  and  qualified. 

§  1289.  Boundaries  of  independent  districts.]  All  that  portion  includ- 
ed within  the  corporate  limits  of  any  city,  together  with  the  additions  that 
are  now  or  may  be  hereafter  attached  to  such  city  limits  shall  be  constituted 
and  established  an  independent  school  district  to  be  designated  as  the  "Inde- 
pendent  School    District   of   the    City   of "   and   a   board   of 

education   is   hereby   established   for  the  same. 

§  1290.  Members  of  the  board.  How  elected.  Quorum  and  term  of 
office.]  Such  board  shall  consist  of  one  member  from  each  ward  in  the  city, 
and  when  the  city  is  divided  into  an  even  number  of  wards  then  such  city  shall 
elect  one  member  of  such  board  at  large,  and  when  such  city  is  divided  into 
an  odd  number  of  wards  such  city  shall  elect  two  members  of  such  board  at 
large.  Such  members  shall  hold  their  office  for  the  term  of  three  years  and  un- 
til their  successors  are  elected  and  qualified.  Provided,  that  at  the  first  elec- 
tion in  independent  districts  hereafter  organized  members  from  even  numbered 
wards  shall  be  elected  for  a  term  of  one  year;  and  members  from  odd  numbered 
wards  for  a  term  of  two  years;  and  members  at  large  shall  be  elected  for  a  term 
of  three  years.  Provided,  further,  that  in  such  cities  as  have  been  heretofore 
organized  independent  school  districts  that  the  term  of  office  of  members 
at  large  elected  in  1912  shall  be  three  years;  that  the  term  of  office  for  mem- 
bers of  said  board  from  even  numbered  wards  elected  in  1912  be  extended  to 
two  years  from  the  date  of  their  election;  that  the  term  of  office  of  the  mem- 
bers elected  from  odd  numbered  wards  in  1911  shall  remain  two  years,  and 
that  thereafter  the  term  of  office  for  all  members  shall  be  three  years.  A  ma- 
jority of   said    board    shall  constitute  a  quorum. 

§  1291.  Date  of  election.  Canvass  of  votes.]  The  election  referred 
to  in  the  foregoing  shall  be  held  on  the  third  Monday  in  April  of  each  year, 
at  the  usual  polling  place  for  municipal  elections  in  each  ward.  The  mayor 
shall  have  authority  and  is  hereby  empowered  to  appoint  two  judges  and  one 
clerk  for  such  election,  who  shall  open  the  polls  at  the  hour  of  eleven  o'clock 
in  the  forenoon  and  hold  the  same  open  until  five  o'clock  in  the  afternoon  of 
the  same  day.  Such  elections  shall  be  conducted  in  all  respects  and  the  polls 
closed  and  votes  canvassed  in  the  same  manner  as  municipal  elections,  and  the 
judges  shall  have  the  same  power  and  authority  in  all  respects  as  the  judges 
of  election  for  municipal  officers,  and  after  the  votes  are  canvassed  the  judges 
shall  make  their  returns  to  the  city  clerk  or  auditor,  as  the  case  may  be,  within 
twenty-four  hours  after  the  polls  are  closed  and  the  city  council  shall  canvass 
such  returns  and  declare  the  result  within  three  days  thereafter,  which  result 
shall  be  entered  upon  the  records  of  the  city,  and  it  shall  be  the  duty  of  the 
city  clerk  or  auditor  to  issue  certificates  of  election  to  the  persons  declared 
elected.  The  judges  and  clerks  of  election  shall  receive  the  same  compensa- 
tion for  their  services  as  at    municipal   elections  tor  mayor  and  aldermen. 

§  1292.      Vacancies,    now     filled.]      If    any    vacancy    occurs    in    the    board 


50  GENERAL  SCHOOL  LAWS 


for  any  cause,  the  remaining  members  thereof  shall  fill  such  vacancy  by  appoint- 
ment until  the  next  annual  election,  and  at  such  election  a  new  member  shall 
be  elected  to  fill  the  unexpired  term. 

§  1293.  Style  and  powers  of  board.]  The  board  so  elected  shall  be  a 
body  corporate  in  relation  to  all  the  power  and  duties  conferred  upon  it  by 
this  article  and  shall   be  styled  "The  Board  of  Education  of  the  Independent 

School  District  of  the  City  of ...(here  insert  the  name 

of  the  city,)"  and  as  such  shall  have  the  power  to  sue  and  be  sued,  contract 
and  be  contracted  with,  and  shall  possess  all  the  powers  usual  and  incident 
to  such  bodies  corporate,  and  such  as  shall  be  herein  given,  and  shall  procure 
and  keep  a  corporate  seal.  At  each  annual  meeting  of  the  board  the  mem- 
bers thereof  shall  elect  one  of  their  number  president  of  the  board,  and  when 
he  is  absent  a  president  pro  tempore  shall  be  appointed,  who  shall  preside  dur- 
ing such  absence.  The  members  so  elected  shall  each  qualify  by  taking  the 
prescribed  oath  of  office  within  ten  days  after  receiving  their  certificates  of 
election,  and  shall  assume  the  duties  of  their  office  at  the  annual  meeting  of  the 
board  held  on  the  first  Tuesday  in   May  of  each  year. 

§  1294.  Responsibility  of  board.]  The  members  of  the  board  shall  re- 
ceive no  compensation,  nor  be  interested  directly  or  indirectly  in  any  contract 
for  building  or  making  any  improvements  or  repairs  provided  by  this  chapter. 
They  shall  have  the  care  and  custody  of  all  public  property  in  such  district 
pertaining  to  school  purposes  and  the  general  management, and  control  of  all 
school  matters. 

§  1295.  Meetings  of  board.]  The  regular  meetings  of  the  board  shall 
be  held  on  the  first  Tuesday  of  each  month,  and  the  board  may  hold  special 
meetings  upon  notice.  The  regular  meeting  may  be  adjourned  for  any  time 
shorter  than  one  month.  Special  meetings  may  be  called  by  the  president 
or  in  case  of  his  absence  or  inability  to  act,  by  any  three  members  of  the  board 
as  often  as  necessary  by  giving  a  personal  notice  in  writing  to  each  member 
of  the  board  or  by  causing  such  notice  to  be  left  at  his  place  of  residence  at  least 
forty-eight  hours  before  the  hour  of  such  special  meeting. 

§  1296.  Secretary,  duties  of.]  Such  board  shall  appoint  a  secretary, 
who  shall  hold  his  office  during  the  pleasure  of  the  board  and  whose  compensa- 
tion shall  be  fixed  by  the  board.  The  secretary  shall  keep  a  record  of  the  pro- 
ceedings of  the  board  and  perform  such  other  duties  as  the  board  may  pre- 
scribe. Such  record,  or  a  transcript  thereof,  certified  by  the  secretary  and  at- 
tested by  the  seal  of  the  board,  shall  be  received  in  all  courts  as  prima  facie 
evidence  of  the  facts  therein  set  forth;  and  such  records  and  all  books,  ac- 
counts, vouchers  and  papers  of  the  board  shall  at  all  times  be  subject  to  inspec- 
tion by  the  members  of  such  board  or  any  committee  thereof,  or  by  any  tax- 
payer of  the  district.  For  the  purpose  of  economy  the  board  may,  if  deemed 
advisable,  appoint  one  of  its  own  members  secretary.  The  annual  report  of 
the  secretary  shall  contain  such  items  as  may  be  required  by  the  superintend- 
ent of  public  instruction. 

§  1297.  General  powers  of  the  board.]  The  board  shall  have  power 
and  it  shall  be  its  duty: 

1.  To  organize  and  establish  such  schools  in  the  district  as  it  shall  deem 
requisite  and  expedient,   and   to  change  and   discontinue  the  same. 


STATE  OF  NORTH  DAKOTA  51 


2.  To  purchase,  sell,  exchange  and  lease  school  houses  and  rooms,  lots  or 
sites  for  school  houses,  and  to  fence  and  improve  the  same. 

3.  To  build,  enlarge,  alter,  improve  or  repair  school  houses,  outhouses  and 
appurtenances  as  it  may  deem  advisable  upon  lots  and  sites  owned  by  the  dis- 
trict. 

4.  To  purchase,  sell,  exchange,  improve  and  repair  school  apparatus,  books 
for  indigent  pupils,   furniture  and   appendages  and  provide  fuel  for  schools. 

5.  To  have  the  custody  and  safe  keeping  of  the  school  houses,  outhouses, 
books,  furniture  and  appurtenances,  and  to  see  that  the  ordinances  of  the  city 
council  in  relation  thereto  are  observed. 

6.  To  contract  with  and  employ  a  superintendent  and  all  teachers  in  such 
schools  for  a  period  not  to  exceed  three  years,  and  remove  them  at  pleasure. 

7.  To  pay  the  salaries  of  such  teachers  out  of  the  money  appropriated  and 
provided  by  law  for  the  support  of  common  schools  in  such  district,  so  far  as 
the  same  shall  be  sufficient,  and  the  residue  thereof  from  the  money  authorized 
to  be  raised  by  this  article. 

8.  To  defray  the  necessary  and  contingent  expenses  of  the  board,  includ- 
ing the   compensation   of  the  secretary. 

9.  To  have  in  all  respects  the  superintendence,  supervision  and  manage- 
ment of  the  public  schools  of  such  district  and  from  time  to  time  to  adopt,  alter, 
modify  and  repeal,  as  they  may  deem  expedient,  rules  and  regulations  for  their 
organization,  grading,  government  and  instruction,  for  the  reception  of  pupils 
and  their  transfer  from  one  school  to  another,  for  the  suspension  and  expul- 
sion of  pupils  subject  to  the  same  restrictions  as  are  contained  in  sub-division 
11    of  section   1251,   and    generally  for  their  good  order,   prosperity  and   utility. 

10.  To  prepare  and  report  to  the  city  council  of  the  city  such  ordinances 
and  regulations  as  may  be  necessary  and  proper  for  the  protection,  safe  keep- 
ing, care  and  preservation  of  school  houses,  lots  and  sites  and  appurtenances 
and  all  the  property  belonging  to  the  district  connected  with  or  appertaining 
to  the  schools  within  the  city  limits,  and  to  suggest  proper  penalties  for  the  vio- 
lation of  such  ordinances  and  regulations,  and  annually,  on  or  before  the  first 
Monday  in  July,  to  determine  and  certify  to  the  county  auditor  the  rate  of  tax- 
ation in  its  opinion  necessary  and  proper  to  be  levied  under  the  provisions  of 
this  article,  for  the  year  commencing  on  the  first  day  of  July  thereafter,  and 
also  at  any  time  to  determine  how  many  and  what  denomination  of  bonds  shall 
be  issued  and  sold  to  pay  the  extraordinary  outlays  required. 

§  1298.  Powers  op  board.]  The  board  shall  have  power  and  it  shall  be 
its  duty  to  levy  and  raise  from  time  to  time,  by  tax,  such  sums  as  may  be  de- 
termined by  the  board  to  be  necessary  and  proper  for  any  of  the  following  pur- 
poses: 

1.  To  purchase,   exchange,  lease  or  improve  sites  for  school   houses. 

2.  To  build,  purchase,  lease,  enlarge,  alter,  improve  and  repair  school 
houses  and  their  outhouses  and  appurtenances. 

3.  To  purchase,  exchange,  improve  and  repair  school  apparatus,  books, 
furniture  and  appendages. 

4.  To  procure  fuel,  to  pay  janitors  and  defray  the  contingent  expenses  of 
the   board,   including   the  expenses  of  the  secretary. 

5.  To  pay  teachers'  salaries  after  the  apportionment  of  public  moneys  which 
may  be  by  law  appropriated  and  provided  for  that  purpose. 


GENERAL  SCHOOL  LAWS 


§  1299.  Visiting  schools.]  Each  member  of  the  board  shall  visit  all  the 
public  schools  in  the  district  at  least  twice  in  each  year  of  his  official  term,  and 
the  board  shall  provide  that  each  of  the  schools  shall  be  visited  by  a  commit- 
tee of  three  or  more  of  their  number  at  least  once  during  such  term. 

§  1300.  Non-resident  pupils.]  Such  board  of  education  shall  have  power 
to  allow  the  children  not  resident  in  such  district  to  attend  the  schools  of  such 
district  under  the  control  and  care  of  such  board,  upon  such  terms  as  the  board 
shall  prescribe,  fixing  the  tuition  which  shall  be  paid  therefor. 

§  1301.  Collection  of  tax.]  The  tax  to  be  levied  and  collected  as  afore- 
said by  virtue  of  this  article  shall  be  collected  in  the  same  manner  as  other  county 
taxes,  and  for  that  purpose  the  board  of  education  shall  have  power  to  levy 
and  cause  to  be  collected  such  taxes  as  are  herein  authorized,  and  shall  cause 
the  amount  for  each  purpose  to  be  certified  by  the  secretary  to  the  county  aud- 
itor in  time  to  be  added  to  and  put  upon  the  annual  tax  list  of  the  county. 
And  it  shall  be  the  duty  of  the  county  auditor  to  calculate  and  extend  upon 
the  annual  assessment  roll  and  tax  list  the  tax  so  levied  by  such  board,  and  such 
tax  shall  be  collected  as  other  county  taxes  are  collected. 

§  1302.  Amount  of  tax  limited.]  The  amount  raised  for  teachers'  sal- 
aries and  contingent  expenses  shall  be  only  such  as  together  with  the  public 
moneys  coming  to  such  district  from  the  state  and  county  fund  and  other 
sources  shall  be  sufficient  to  maintain  efficient  and  proper  schools  in  such  dis- 
trict. The  taxes  for  the  purchasing,  leasing  or  improving  of  sites,  and  the 
building,  purchasing,  leasing,  enlarging,  altering  or  repairing  of  school 
houses  shall  not  exceed  in  any  year  twenty  mills  on  the  dollar,  of  the 
assessed  valuation  of  taxable  property  of  the  district,  and  the  board  of  educa- 
tion is  authorized  and  directed,  when  necessary,  to  borrow  in  anticipation,  the 
amount'  of  the  taxes  to  be  raised,  levied  and  collected  as  aforesaid. 

§  1303.  Authority  to  issue  bonds.]  The  board  of  education  of  such 
district  is  authorized  and  empowered,  and  it  is  its  duty  whenever  the  board 
deems  it  necessary  for  the  efficient  organization  and  establishment  of  schools, 
including  the  purchase  of  school  sites  and  the  construction  and  furnishing  of 
school  houses,  in  such  district,  and  when  the  taxes  authorized  by  this  article 
shall  not  be  sufficient  or  shall  be  deemed  by  the  board  to  be  burdensome  upon 
the  taxpayers  of  the  district,  from  time  to  time  to  issue  bonds  of  the  district 
in  the  denomination  of  fifty  dollars  or  some  multiple  of  fifty,  payable  at  a  time 
not  to  exceed  twenty-five  years  after  date  and  bearing  interest  at  a  rate  not 
to  exceed  five  per  cent,  per  annum,  payable  semi-annually  on  the  first  day  of 
January  and  July  of  each  year;  and  to  show  upon  their  face  that  they  are  is- 
sued for  the  purpose  of  building  or  furnishing  a  school  house  or  school  houses, 
purchasing  grounds  on  which  to  locate  the  same,  or  to  fund  any  outstanding 
indebtedness,  or  for  the  purpose  of  taking  up  any  outstanding  bonds;  and  the 
said  board  of  education  is  authorized  to  cause  the  same  to  be  sold  at  not  less 
than  par  value,  and  the  money  realized  therefrom  deposited  with  the  city  treas- 
urer to  the  credit  of  such  board  of  education;  and  when  any  bonds  shall  be  so 
negotiated  it  shall  be  the  duty  of  the  board  to  provide  by  tax  for  the  payment 
of  the  principal  and  interest  of  such  bonds;  provided,  that  at  no  time  shall 
the  aggregate  amount  of  such  bonds,  including  all  other  indebtedness,  exceed 
fifty  mills  on  the  dollar  of  valuation  of  the  taxable  property  of  such  district, 
to   be   determined  by   the  last  city  assessment. 


STATE  OF  NORTH  DAKOTA  53 


§  1304.  Moneys  paid  to  city  treasurer.]  All  moneys  raised  pursuant 
to  the  provisions  of  this  article  and  all  moneys  which  shall  by  law  be  appro- 
priated to  or  provided  for  such  district,  shall  be  paid  over  to  the  city  treasurer 
of  the  city,  and  the  county  treasurer  shall  from  time  to  time  as  he  shall  receive 
the  county  school  funds,  and  at  least  once  in  each  month,  on  the  first  Monday 
thereof,  pay  over  to  such  city  treasurer  the  proportion  thereof  belonging  to 
such  district;  and  for  that  purpose  the  board  shall  have  the  power  to  cause 
all  needful  steps  to  be  taken  including  census  reports  or  other  acts  or  things, 
to  enable  such  board  to  receive  the  school  money  belonging  to  such  district, 
as  fully  and  completely  as  though  such  district  formed  one  of  the  school  dis- 
tricts of  the  county  where  the  same  may  be  situated. 

§  1305.  Bond  of  treasurer.]  The  city  treasurer  of  such  city  shall  give 
a  bond  to  such  board  of  education  in  such  sum  as  the  board  shall  from  time  to 
time  require,  with  two  or  more  sureties  to  be  approved  by  the  board,  conditioned 
for  the  safe  keeping  of  the  school  funds,  which  shall  be  in  addition  to  his  other 
bond;  and  such  treasurer  and  the  sureties  upon  such  bond  shall  be  accountable 
to  the  board  for  the  moneys  that  come  into  his  hands,  and  in  case  of  failure  of 
such  treasurer  to  give  such  bond  when  required  by  the  board,  or  within  ten 
days  thereafter,  his  office  shall  become  vacant  and  the  city  council  shall  appoint 
another  person  in  his  place. 

§  130b.  School  funds,  how  kept  and  paid  out.]  All  moneys  required  to 
be  raised  by  virtue  of  this  article  shall  be  paid  in  cash  or  in  warrants  herein- 
after provided,  drawn  on  the  school  fund  only,  and  such  moneys  and  all  moneys 
received  by  such  district  for  the  use  of  the  common  schools  therein  shall  be 
deposited  for  safe  keeping  with  such  city  auditor  to  the  credit  of  the  board  of 
education,  and  shall  by  him  be  safely  kept  separate  and  apart  from  any  other 
funds  until  drawn  from  the  treasury  as  herein  provided.  Such  treasurer  shall 
pay  out  the  moneys  authorized  by  this  article  only  upon  warrants  drawn  by 
the  president,  countersigned  by  the  secretary  and  attested  by  the  seal  of  such 
board    of    education. 

§  1307.  Investment  of  sinking  funds.  School  districts.]  All  moneys 
raised  for  the  purpose  of  creating  a  sinking  fund  for  the  final  redemption  of 
all  bonds  issued  under  article  71  of  Chapter  9  of  the  Civil  Code  of  the  state 
shall  be  invested  annually  by  the  board  of  education  of  any  independent  school 
district  in   this  state  as  follows,   viz: 

1.  In  the  bonds  of  this  state  or  of  the  United  States. 

2.  An  independent  school  district  board  may  designate  one  or  more  national 
or  state  banks  in  the  county  where  such  independent  school  district  is  situated, 
as  a  depositary  for  such  sinking  fund,  and  in  such  case  the  school  board  shall 
advertise  for  at  least  fourteen  days  in  some  newspaper  printed  within  the  lim- 
its of  said  independent  school  district,  if  there  be  one,  if  not,  in  the  county  where 
said  school  district  is  situated,  for  sealed  proposals  for  the  deposit  of  the  sink- 
ing fund  of  such  school  district,  reserving  the  right  to  reject  any  and  all  bids 
and  satisfying  itself  of  the  responsibility  of  all  banks  proposing  to  act  as  de- 
positaries. Before  any  bank  shall  be  designated  as  such  depositary  it  shall 
present  to  the  school  board  a  sealed  proposal  stating  in  writing  what  rate  of 
interest  will  be  paid  for  the  deposit  of  such  sinking  funds  and  shall  submit  to 
the  board  for  its  approval  a  bond  payable  to  the  independent  school  district 
conditioned  for  the  safe  keeping  and  repayment  of  any  funds  deposited  in  such 


54  (iHNERAL  SCHOOL  LAWS 


bank,  which  bond  shall  be  signed  by  not  less  than  three  freeholders  of  this  state 
as  sureties  or  some  surety  bond  company  qualified  to  do  business  in  this  state, 
and  such  bond  to  be  in  the  sum  required  by  the  school  board  and  in  no  case 
to  be  less  than  double  the  probable  amount  of  the  funds  to  be  deposited  in  such 
bank.  The  approval  of  such  bond  shall  be  endorsed  thereon  by  the  boaid 
and  deposited  with  the  county  auditor,  and  any  bank  whose  bond  shall  have 
been  so  approved  shall  thereupon  be  designated  by  the  school  board  as  a  de- 
positary for  the  sinking  fund,  and  shall  continue  as  such  until  such  time  as  the 
board  shall  direct  the  withdrawal  of  such  funds  or  until  such  funds  are  needed 
for  the  payment  or  the  purchase  of  bonds  as  provided  in  this  act.  When  the 
sinking  fund  of  any  independent  school  district  is  deposited  by  the  treasurer 
of  the  board  of  education  of  said  school  district  in  the  name  of  the  school  dis- 
trict in  such  depositary  such  treasurer  and  his  sureties  shall  be  exempt  from 
all  liability  thereon  by  reason  of  loss  of  any  such  funds  from  the  failure,  bank- 
ruptcy or  any  other  act  of  any  such  bank  to  the  extent  only  of  such  funds  in 
the  hands  of  such  bank  or  banks  at  the  time  of  such  failure  or  bankruptcy. 
Such  depositary  shall  furnish  to  the  clerk  of  the  board  of  education  of  such 
independent  school  district  prior  to  the  fifth  day  of  July  of  each  year,  a  veri- 
fied statement  of  the  school  district  account  with  such  depositary  for  the  year 
ending  June  30,  which  statement  shall  show  a  credit  to  such  deposit  account 
of  all  sums  of  interest  accruing  on  the  sinking  fund  deposited. 

3.  The  board  of  education  of  any  independent  school  district  may  buy  and 
cancel  the  bonds  of  such  district  and  pay  for  the  same  with  the  moneys  in  the 
sinking  fund  created  to  pay  such  bonds. 

§  1308.  Expenditures  not  to  exceed  revenues.]  It  shall  be  the  duty 
of  the  board  in  all  of  its  expenditures  and  contracts  to  have  reference  to  the 
amount  of  money  which  shall  be  subject  to  its  order  during  the  current  year 
for   the   particular  expenditures   in   question   and   not   to   exceed   that  amount. 

§  1309.  Title  to  property  of  district.]  The  title  of  all  property  belong- 
ing to  any  such  independent  school  district  shall  be  vested  in  such  district  for 
the  use  of  the  schools,  and  the  same  while  used  and  appropriated  for  school 
purposes  shall  not  be  levied  upon  or  sold  by  virtue  of  any  warrant  or  execution 
or  other  process,  nor  be  subject  to  any  judgment  or  mechanic's  lien  or  taxa- 
tion for  any  purpose  whatever;  and  the  district  in  its  corporate  capacity  may 
take,  hold  and  dispose  of  any  real  and  personal  property  transferred  to  it  by 
gift,  grant,  bequest  or  devise  for  the  use  of  the  common  schools  for  the  dis- 
trict, whether  the  same  is  transferred  in  terms  of  such  district  by  its  proper 
name  or  to  any  person  or  body  for  the  use  of  such  schools. 

§  1310.  Real  property.  Title,  how  conveyed.]  Whenever  any  prop- 
erty is  purchased  by  the  board  a  conveyance  thereof  shall  be  taken  in  the  name 
of  such  district;  and  whenever  any  sale  of  such  property  is  made  by  the  board, 
a  resolution  in  favor  of  such  sale  shall  first  be  adopted  and  spread  upon  the  rec- 
ords of  the  board,  and  the  conveyance  of  such  property  shall  be  executed  in 
the  name  of  such  district  by  the  president  of  the  board  attested  by  the  sec- 
retary under  the  seal  thereof,  and  acknowledged  by  such  officers.  Such  pres- 
ident and  secretary  shall  have  authority  to  execute  conveyances  as  aforesaid 
with  or  without  covenants  of  warranty  on  behalf  of  the  district. 

§  1311.  Report  of  city  treasurer.]  It  shall  be  the  duty  of  the  city  treas- 
urer at  least  fifteen  days  before  the  annual  election  for  members  of  such  board 


STATE  OF  NORTH  DAKOTA  55 


and  as  often  as  called  upon  by  the  board,  to  prepare  and  report  to  such  board 
a  true  and  correct  statement  of  the  receipts  and  disbursements  of  moneys  un- 
der and  pursuant  to  the  provisions  of  this  article,  during  the  preceding  year, 
which   statement   shall    set   forth    under   appropriate    head: 

1.  The  money  raised  by  the  board  under  section  1298. 

2.  The  school  moneys  received  from  the  county  treasurer. 

3.  The  money  received  under  section  1303. 

4.  All  moneys  received  1by  the  city  treasurer,  subject  to  the  order  of  the 
board,  specifying  the  sources  from  which  it  accrued. 

5.  The  manner  in  which  all  money  has  been  expended,  specifying  the  amount 
under  each  head  of  expenditures  and  the  board  shall  at  least  one  week  before 
such  election,  cause  such  statement  to  be  published  in  all  the  newspapers  of 
the  city  which  will  publish  the  same  gratuitously. 

§  1312.  New  district  to  assume  debts  of  old.]  School  districts  cre- 
ated under  the  provisions  of  this  article  shall  assume  all  obligations  and  liabil- 
ities incurred  by  the  districts  out  of  which  they  are  formed,  if  old  districts  are 
not  divided,  and  a  proportionate  part  if  divided. 

§  1313.  Forfeit  for  refusal  to  serve  as  member  of  board.]  It  shall 
be  the  duty  of  the  clerk  of  said  school  board  immediately  after  the  election 
of  any  person  as  a  member  thereof,  personally  or  in  writing,  to  notify  him  of  his 
election,  and  if  any  person  shall  not  within  ten  days  after  receiving  such  notice 
of  election,  take  and  subscribe  the  oath  as  herein  provided  and  file  the  same 
with  the  city  auditor,  the  board  may  consider  it  as  a  refusal  to  serve,  and  fill 
the  vacancy  thus  occasioned,  and  the  person  so  refusing  shall  forfeit  and  pay 
to  the  city  treasurer  for  the  benefit  of  the  schools  of  such  district  a  penalty  of 
fifty  dollars,  which  may  be  recovered  in  the  name  of  such  city  by  a  civil  ac- 
tion. 

§  1314.  City  council  to  pass  certain  ordinances.]  The  city  council  shall 
have  the  power  and  it  shall  be  its  duty  to  pass  such  ordinances  and  regulations 
as  the  board  of  education  may  recommend  as  necessary  for  the  protection, 
preservation,  safe  keeping  and  care  of  the  school  houses,  lots,  sites,  appurte- 
nances, libraries,  and  all  necessary  property  belonging  to  or  connected  with 
the  schools  of  the  city,  and  to  provide  proper  penalties  for  the  violation  thereof, 
and  all  penalties  shall  be  collected  in  the  same  manner  that  the  penalties  for 
violation  of  city  ordinances  are  collected,  and  when  collected  shall  be  paid  to 
the  city  treasurer  and  placed  to  the  credit  of  the  board  of  education,  and  shall 
be  subject  to  its  order  as  herein  provided. 

ARTICLE  11— BOARD  OF  EDUCATION  IN  CERTAIN  CITIES. 

§  1315.  Boards  to  be  elected  at  large.]  In  each  city  not  organized 
under  the  general  law  there  shall  be  a  board  of  education  consisting  of  seven 
members  having  the  qualifications  of  electors  who  shall  be  elected  at  large  by 
the  electors  of  such  city  qualified  to  vote  at  school  elections;  and,  except  as 
may  be  otherwise  provided  herein  for  the  first  election,  two  members  of  such 
board  shall  be  elected  annually  and  three  triennially  at  a  special  election  to 
he  held  on  the  Tuesday  after  the  first  Monday  in  June;  provided,  that  the  pro- 
visions of  this  article  shall  not  apply  to  cities  existing  under  a  special  act  or 
which    arc    now     under    the    general    school    laws. 


56  GENEEAL  SCHOOL  LAWS 


§  1316.  Term  of  office.]  The  term  of  office  of  a  member  of  the  board  of 
education,  except  as  in  this  article  otherwise  provided,  shall  be  three  years 
and    until    his    successor   is   elected    and    qualified. 

§  1317.  Elections,  how  conducted.]  All  elections  under  the  provisions 
of  this  article  shall  be  called,  conducted  and  the  vote  canvassed  and  returned 
in  the  manner  provided  by  law  for  general  city  elections. 

§  1318.  Relatives  not  eligible  as  teachers.]  No  son,  wife  or  daughter 
of  any  member  of  the  school  board  shall  be  eligible  to  a  position  as  a  teacher 
in  the  schools  of  the  district  which  such  member  represents  except  upon  the 
consent  of  all  the  members  of  such  board. 

§  1319.  Independent  school  organizations  under  special  laws  abol- 
ished.] Any  independent  school  district  organized  for  school  purposes  under 
a  special  law,  which  does  not  include  or  is  not  included  in  any  city  or  incor- 
porated town  or  village  organized  for  municipal  purposes,  shall  become  a  part 
of  the  school  district  in  which  it  is  located  by  the  repeal  of  the  special  law  or- 
ganizing or  governing  such  independent  district.  Any  independent  district 
organized  for  school  purposes  under  a  special  law  or  under  any  other  law  than 
is  contained  in  this  chapter  which  includes  or  is  included  in  any  city  or  incor- 
porated town  or  village  organized  for  municipal  purposes,  shall  become  a  spe- 
cial district  by  the  repeal  of  the  special  law  organizing  or  governing  such  in- 
dependent school  district.  Any  school  district  or  special  district  so  constituted 
or  constituted  in  part  shall  be  governed  by  the  provisions  of  this  chapter;  pro- 
vided, that  nothing  heiein  shall  prevent  any  such  independent  district  from 
coming   under  the  operation  of  this  chapter  in  the  manner  therein  provided. 

§  1320.  Old  school  officers  hold  over.]  The  board  of  education  or 
other  governing  board  of  such  independent  district  shall  continue  to  exercise 
the  powers  and  duties  devolving  upon  it  under  the  provisions  of  such  special 
or  other  law  governing  such  special  independent  district,  the  same  as  though 
such  law  had  not  been  repealed,  until  the  second  Tuesday  in  July  following 
the  repeal  of  such  special  or  other  law;  provided,  that  all  that  portion 
of  the  general  school  laws  which  provides  for  an  annual  school  election  shall 
apply  to  such  independent  district  and  shall  be  in  full  force  and  effect  for  the 
purpose  of  electing  school  officers  at  such  annual  election;  and  such  officers 
shall  be  elected  in  and  for  the  whole  school  district,  including  the  independent 
district  or  portion  of  such  independent  district  located  therein,  or  in  and  for 
the  special  district,  the  same  as  though  no  law  had  ever  existed  providing  for 
the  organization  of  such  independent  district;  provided,  further,  that  in  a 
special  district  formed  and  created  as  herein  provided,  a  full  board  of  educa- 
tion shall  be  elected  as  provided  by  law  for  first  elections,  but  in  school  dis- 
tricts formed  as  herein  provided  by  the  addition  of  such  independent  district 
or  portion  thereof  there  shall  be  elected  only  such  officers  as  are  required  to 
fill  the  legular  vacancies  in  the  school  offices  of  such  school  district  heretofore 
organized. 

§  1321.  Debts  and  assets  determined  by  arbitration.]  When  the 
boundaries  of  such  school  district  shall  have  been  arranged  as  contemplated 
in  this  article,  the  determination  and  division  of  consolidation  of  all  debts, 
property  and  assets  of  the  several  portions  of  such  district  or  districts  so  con- 
solidated shall  be  made  by  arbitration  as  provided  by  law. 


STATE  OF  NORTH  DAKOTA  57 


ARTICLE  12.— VACANCIES. 

§  1322.  Vacancy  in  office  of  superintendent  of  public  instruction 
filled  by  appointment.]  Should  a  vacancy  occur  in  the  office  of  the  super 
intendent  of  public  instruction,  the  governor  shall  have  power  and  it  shall  be 
his  du'y  to  fill  such  vacancy  by  appointment,  which  appointment  shall  be 
valid  until  the  next  general  election  and  until  his  successor  is  elected  and  qual- 
ified. 

§  1323.  Vacancy  in  office  of  county  superintendent.]  Should  a  va- 
cancy occur  in  the  office  of  county  superintendent  of  schools,  the  board  of  county 
commissioners  of  such  county  shall  have  power  and  it  shall  be  their  duty  to 
fill  such  vacancy  by  appointment,  as  provided  by  law,  which  appointment 
shall  be  valid  until  the  next  general  election.  The  county  auditor  shall  im- 
mediately notify  the  superintendent  of  public  instruction  of  such  appointment. 

§  1324.  Vacancy  in  office  of  director  or  treasurer.  How  filled.] 
When  any  vacancy  occurs  in  the  office  of  director  or  treasurer  of  a  school  dis- 
trict by  death,  resignation,  removal  from  the  district,  or  otherwise,  the  fact 
of  such  vacancy  shall  be  immediately  certified  to  the  county  superintendent 
by  the  clerk  of  the  district,  and  such  superintendent  shall  immediately  ap- 
point in  writing  some  competent  person  who  shall  qualify  and  serve  until  the 
next  annual  school  election.  The  county  superintendent  shall  at  the  same 
time  notify  the  clerk  of  the  school  district  and  the  county  auditor  of  every  such 
appointment. 

§  1325.  Vacancy  in  office  of  clerk,  how  filled.]  Should  the  office  of 
clerk  of  a  school  district  become  vacant,  the  school  board  shall  immediately 
fill  such  vacancy  by  appointment  and  the  president  of  the  board  shall  imme- 
diately notify  the  county  superintendent  and  the  county  auditor  of  such  ap- 
pointment. 

§  1326.  Office,  when  deemed  vacant.]  An  office  of  a  school  district 
shall  become  vacant  by  resignation  of  the  incumbent  thereof,  but  such  resigna- 
tion shall  not  take  effect  until  a  successor  has  qualified  according  to  law.  Any 
office  of  a  school  district  shall  be  deemed  vacant  if  the  person  duly  elected 
thereto  shall  neglect  or  refuse  for  the  period  of  two  weeks  after  the  beginning 
of  the  term  for  which  he  was  elected,  to  accept  and  qualify  for  such  office  and 
serve  therein.  Any  school  officer  may  be  removed  from  office  by  a  court 
of  competent  jurisdiction  as  provided  by  law. 

ARTICLE  13.— EQUALIZATION  OF  INDEBTEDNESS. 

§  1327.  Equalization  of  indebtedness  by  arbitration.]  After  the 
boundaries  of  a  school  district  have  been  established  as  provided  for  in  this 
chapter,  all  school  districts  or  parts  of  school  districts  that  existed  as  school 
corporations,  or  as  parts  thereof,  before  the  taking  effect  of  this  code,  and  that 
are  now  included  in  one  school  district,  shall  effect  an  equalization  of  prop- 
erty, funds  on  hand  and  debts;  or  whenever  the  boundaries  of  two  or  more 
districts  are  re-arranged,  all  districts  affected  by  such  change  shall  effect  an 
equalization  of  property,  funds  on  hand  and  debts.  To  effect  this,  such  school 
board  of  such  corporation  constituting  a  school  district  under  the  operation 
of  this  chapter,   shall   select  one  arbitrator,   and  the  several  arbitrators  so  se- 


58  GENERAL  SCHOOL  LAWS 


lected,  together  with  the  county  .superintendent,  shall  constitute  a  board  of 
arbitration  to  affect  such  equalization.  If  in  any  case  the  number  of  arbi- 
trators, including  the  county  superintendent,  shall  be  an  even  number,  the 
county  treasurer  shall  be  included  and  be  a  member  of  such  board.  The  county 
superintendent  shall  fix  a  time  and  place  of  such  meeting. 

§  1328.  Tax  to  equalize  and  pay  previous  debts.]  Such  board  shall 
take  an  account  of  the  assets,  funds  on  hand,  the  debts  properly  and  justly 
belonging  to  or  chargeable  to  each  corporation,  or  part  o  a  corporation  affected 
by  such  change,  and  levy  such  a  tax  against  each  as  will  in  its  judgment  justly 
and  fairly   equalize   their  several     interests. 

§  1329.  Maximum  annual  tax  levy  for  such  purposes.]  When  the  amounts 
to  be  levied  upon  the  several  corporations,  or  parts  of  corporations  mentioned 
in  the  preceding  section,  shall  be  fixed,  a  list  thereof  shall  be  made  wherein  the 
amount  shall  be  set  down  opposi  e  each  corporation.  The  whole  shall  be  stated 
substantially  in  the  form  herein  required  for  certifying  school  taxes,  and  ad- 
dressed to  the  county  auditor,  and  shall  be  signed  by  a  majority  of  such  board 
of  arbitration;  such  levy  shall  be  deemed  legal  and  valid  upon  the  taxable  prop- 
er'y  of  each  corporation;  provided,  however,  that  not  more  than  fifteen  mills 
thereof  shall  be  extended  against  such  taxable  property  in  any  one  year,  and  such 
levy  not  exceeding  fifteen  mills  on  the  dollar  shall  be  extended  as  in  this  sec- 
tion provided  from  year  to  year,  until  the  whole  amount  shall  be  so  levied. 
The  county  auditor  shall  preserve  such  levies  and  shall  extend  the  several  rates 
from  year  to  year,  as  above  required  by  law  for  district  taxes  and  the  taxes 
shall  be  collected  at  the  same  time  and  in  the  same  manner  as  other  taxes  are 
collected. 

§  1330.  Proceeds  to  be  turned  over  to  the  respective  districts.] 
Opposite  the  several  descriptions  of  property  on  the  tax  list  shall  be  entered 
the  school  districts  within  which  it  lies,  and  all  the  proceeds  of  these  equaliz- 
ing taxes  shall  be  collected  and  shall  be  paid  over  to  the  proper  school  district 
within  which  the  property  is  situated.  The  proceeds  of  taxes  upon  parts  of 
districts  lying  outside  of  the  district  as  at  present  constituted  with  which  they 
were  equalized  shall  be  paid  to  the  treasurer  of  the  school  district  within  which 
the  property  is  situated;  the  same  as  hereinbefore  provided  for  regular  taxes. 

§  1331.  Maximum  tax  levy  for  all  school  purposes.]  The  taxes  levied 
for  purposes  of  equalization  shall  be  in  addition  to  all  other  taxes  for  school 
purposes;  provided,  that  all  taxes  for  school  purposes,  including  such  taxes 
for  equalization,  shall  not  exceed  thirty  mills  on  the  dollar  in  any  one  year. 
The  provisions  of  this  article  shall  apply  to  and  govern  all  school  districts  and 
parts  of  school  districts  hereafter  divided  or  consolidated  with  each  other  or 
with  other  districts  in  the  divisions,  uniting  for  apportionment  of  their  debts 
and  liabilities  or  property  and  assets. 

ARTICLE  14.— BONDS  OF  COMMON  SCHOOL  DISTRICTS. 

§  1332.  School  bonds,  how  issued.]  Whenever  a  duly  constituted  school 
district,  under  the  provisions  of  this  chapter,  excepting  special  or  independ- 
ent school  districts,  in  any  organized  county  in  the  state  at  any  regular  or  spe- 
cial meeting  held  for  that  purpose,  shall  determine  by  a  majority  vote  of  all  the 
qualified   voters   of   such   school   district   present   at  such   meeting   and   voting, 


STATE  OF  NORTH  DAKOTA  59 


to  issue  school  district  bonds  for  the  purpose  of  building  and  furnishing  a  school 
house  and  purchasing  grounds  on  which  to  locate  the  same,  or  to  fund  any  out- 
standing indebtedness  or  for  the  purpose  of  taking  up  any  outstanding  bonds, 
the  district  school  board  may  lawfully  issue  such  bonds  in  accordance  with 
the  provisions  of  this  article. 

§  1333.  Notice  of  election  to  vote  bonds.]  Before  the  question  of  is- 
suing bonds  shall  be  submitted  to  a  vote  of  the  school  district,  notices  shall 
be  posted  in  at  least  three  public  and  conspicuous  places  in  such  district,  stat- 
ing the  time  and  place  of  such  meeting,  the  amount  of  bonds  proposed  to  be 
issued,  rate  of  interest,  purpose  issued  for,  and  the  time  in  which  they  shall 
be  made  payable.  Such  notices  shall  be  posted  at  least  fourteen  days  before 
the  meeting,  and  the  voting  shall  be  done  by  means  of  written  or  printed  bal- 
lots, and  all  ballots  shall  be  prepared  before  the  opening  of  the  polls  and  shall 
be  in  substantially  the  following  form: 

For  issuing  bonds  in  the  sum  of  $ at per  cent.,  to  run 

years. 


YES 
NO 


and  if  a  majority  of  the  votes  cast  shall  be  in  favor  of  issuing  bonds  the  school 
board,  through  its  proper  officers,  shall  forthwith  issue  bonds  in  accordance 
with  such  vote;  but  if  a  majority  of  all  votes  cast  are  against  issuing  bonds  then 
no  further  action  can  be  had  and  the  question  shall  not  again  be  submitted 
to  a  vote  for  one  year  thereafter,  except  for  a  different  amount;  provided,  that 
the  question  of  issuing  bonds  shall  not  be  submitted  to  a  vote  of  the  district, 
and  no  meeting  shall  be  called  for  that  purpose  until  the  district  school  board 
shall  have  been  petitioned  in  writing  by  at  least  one-third  of  the  voters  of  the 
district. 

§  1334.  Bonds,  denomination  of.  Interest.  Limit  of  issue.]  The  de- 
nominations of  the  bonds  which  may  be  issued  under  the  provisions  of  this 
article  shall  be  fifty  dollars  or  some  multiple  of  fifty,  and  shall  bear  interest 
at  a  rate  not  exceeding  five  per  cent  per  annum,  payable  semi-annually  on  the 
first  day  of  January  and  July  in  each  year,  in  accordance  with  interest  coupons 
which  shall  be  attached  to  such  bonds;  provided,  that  the  amount  of  bonds 
including  all  other  indebtedness  shall  not  exceed  five  per  cent  of  the  assessed 
valuation  of  the  school  district  and  may  be  made  payable  in  not  less  than  ten 
or  more  than  twenty  years  from  their  date. 

§  1335.  Bonds,  record  of  to  be  kept.]  Whenever  any  bonds  are  issued 
under  the  provisions  of  this  chapter  they  shall  be  lithographed  or  printed  on 
bond  paper  and  shall  state  upon  their  face  the  date  of  their  issue,  the  amount 
of  the  bonds,  to  whom  and  for  what  purpose  issued,  also  the  time  and  place 
of  payment,  and  the  rate  of  interest  to  be  paid.  They  shall  have  printed  upon 
the  margin  the  words  "Authorized  by  Article  14  of  Chapter  ..of  the  Ses- 
sion Laws  of  North  Dakota  of  1911."  Immediately  after  the  issuing  of  school 
bonds  pursuant  to  this  chapter  I  lie  clerk  of  the  school  district  so  issuing  its 
bonds  shall  file,  with  the  county  auditor  of  the  county  in  which  such  district 
is  situated,  certified  copies  of  all  I  lie  proceedings  had  in  such  district  relative 
lo  the  issuing  of  such   bonds  ami  also  a  statement  of  the  amount  of  the  indebted- 


60  GENERAL  SCHOOL  LAWS 


ness  of  such  school  district;  and  before  any  of  the  bonds  are  disposed  of  they 
shall  be  presented  to  the  county  auditor  of  the  county  in  which  the  school  dis- 
trict issuing  the  same  is  situated.  He  shall  carefully  examine  the  records  of 
the  proceedings  of  such  school  district  upon  the  question  of  issuing  such  bonds 
as  the  same  are  filed  with  him  as  hereinbefore  directed,  and  shall  satisfy  him- 
self by  the  evidence  thus  furnished,  whether  or  not  all  the  laws  of  the  state 
relative  to  the  issuing  of  such  bonds  have  been  complied  with.  If  satisfied 
that  they  have  been  and  that  the  bonds  in  question  have  been  legally  issued, 
he  shall  in  a  book  kept  for  such  purpose,  preserve  a  register  of  each  bond  show- 
ing in  separate  columns  the  name  of  the  school  district  issuing  the  bonds,  the 
number  of  such  bonds,  the  denomination  thereof,  the  date  of  their  issue,  the 
date  when  they  will  mature,  the  names  of  the  school  officers  executing  the  same 
and  such  other  facts  as  may  be  pertinent  and  he  shall  then  indorse  on  each  of 
such  bonds  the  following  certificate: 

State  of  North  Dakota,  ) 

)  ss. 
County  of ) 

I, ,    County    auditor,    do    hereby 

certify  that  the  within  bond  is  issued  pursuant  to  law  and  is  within  the  debt 
limit  prescribed  by  the  constitution  of  the  state  of  North  Dakota,  and  in  ac- 
cordance with  the  vote  of school  district 

at  a.. (regular  or  special)  meeting  held  on  the 

day   of ...A.    D.    19 ,   to   issue   bonds   to   the 

amount  of  ...dollars,   and  is  a  legal 

and  valid  debt  of  such  school  district;  that  such  bonds  are  fully  registered  in 
this  office  and  that  such  school  district  is  legally  organized  and  the  signatures 
affixed  to  such  bonds  are  the  genuine  signatures  of  the  proper  officers  of  such 
school  district. 

The  blanks  shall  be  filled  according  to  the  facts,  and  the  certificate  officially 
signed  by  the  county  auditor  and  attested  by  his  official  seal.  Such  bonds  shall 
be  signed  by  the  president  and  clerk  of  the  school  board  and  shall  be  regis- 
tered in  a  book  to  be  kept  by  the  clerk  for  that  purpose,  in  which  shall  be  en- 
tered the  number,  date  and  name  of  the  person  to  whom  issued  and  the  date 
when  the  same  will  become  due. 

§  1336.  Sinking  fund  and  interest  tax.]  In  addition  to  the  amount  that 
may  already  be  assessed  under  existing  laws  there  shall  be  levied  annually,  upon 
the  taxable  property  of  the  school  district  so  issuing  bonds  at  or  before  their 
issuance  and  collected  as  other  taxes  are  collected,  a  sum  sufficient  to  pay  in- 
terest upon  such  bonded  indebtedness,  and  in  like  manner  a  further  annual 
tax  to  create  a  sinking  fund  that  will  at  the  maturity  of  such  bonds  be  suffi- 
cient to  pay  the  principal  thereof,  and  said  sinking  fund  shall  be  used  for  no 
other  purpose,  except  that  whenever  there  are  sufficient  funds  on  hand,  belong- 
ing to  such  sinking  fund,  the  school  board  may  in  its  discretion,  purchase  any 
of  the  outstanding  bonds  at  their  market  value  and  pay  for  the  same  out  of 
such  sinking  fund;  provided,  that  the  school  district  board  may  designate  one 
or  more  national  or  state  banks  in  its  county  for  a  depositary  for  such  sink- 
ing fund;  and  in  such  case  the  school  board  shall  advertise  for  at  least  two 
weeks  in   some   newspaper  printed   in   the  county  for  sealed  proposals  for  the 


STATE  OF  NORTH  DAKOTA  61 


deposit  of  the  sinking  fund  of  such  school  district,  reserving  the  right  to  re- 
ject any  and  all  bids  and  satisfying  itself  of  the  responsibility  of  all  banks  pro- 
posing to  act  as  depositaries.  Before  any  bank  shall  be  designated  as  such 
depositary,  it  shall  present  to  the  school  board  a  sealed  proposal  stating  in 
writing  what  rate  of  interest  will  be  paid  for  the  deposit  of  such  sinking  fund, 
and  shall  submit  to  the  board  for  its  approval,  a  bond  payable  to  the  school 
district  conditioned  for  the  safe  keeping  and  repayment  of  any  funds  depos- 
ited in  such  bank,  which  bond  shall  be  signed  by  not  less  than  three  freeholders 
of  the  county  or  by  a  surety  company  as  surety,  such  bond  to  be  in  the  sum 
required  by  the  school  board  but  in  no  case  less  than  double  the  probable  amount 
of  funds  to  be  deposited  in  such  bank.  The  approval  of  such  bond  shall  be  in- 
dorsed thereon  by  the  board  and  deposited  with  the  county  auditor,  and  any 
bank  whose  bond  shall  have  been  so  approved  shall  thereupon  be  designated 
by  the  school  board  as  a  depositary  for  the  sinking  fund,  and  shall  continue 
as  such,  until  such  time  as  the  board  shall  re-advertise  for  bids  as  aforesaid, 
and  new  depositaries  are  designated  and  qualified,  or  until  such  funds  are  needed 
for  the  payment  or  purchase  of  bonds  as  provided  in  this  section.  When  the 
sinking  fund  of  any  school  district  is  deposited  by  the  district  treasurer  in  the 
name  of  the  school  district  in  such  depositary,  such  treasurer  and  his  sureties 
shall  be  exempt  from  all  liability  thereon  by  reason  of  loss  of  any  such  funds 
from  the  failure,  bankruptcy  or  any  other  act  of  any  such  bank,  to  the  extent 
only  of  such  funds  in  the  hands  of  such  bank  or  banks  at  the  time  of  failure  or 
bankruptcy.  Such  depositary  shall  furnish  to  the  school  district  clerk  prior 
to  the  fifth  day  of  July  of  each  year,  a  verified  statement  of  the  school  district's 
account,  with  such  depositary  for  the  year  ending  June  thirtieth,  which  state- 
ment shall  show  a  credit  to  such  deposit  account  of  all  sums  of  interest  accruing 
on  the  sinking  fund  deposited. 

§  1337.  Bonds,  how  negotiated.]  When  any  bonds  shall  be  issued  un- 
der the  provisions  of  this  article,  the  county  treasurer  shall  have  authority  to 
negotiate  and  sell  such  bonds  for  not  less  than  par,  and  the  said  district  treas- 
urer shall  apply  the  proceeds  arising  from  the  sale  of  such  bonds  only  for  the 
purpose  of  building  and  furnishing  a  school  house  and  purchasing  grounds  on 
which  the  said  school  house  shall  be  located,  or  to  fund  any  outstanding  indebt- 
edness, according  to  the  express  purpose  for  which  such  bonds  were  authorized 
by  the  voters,  as  provided  in  section  1332  of  this  chapter. 

§  1338.  County  auditor  may  levy  tax  to  pay  bonds,  when.]  When  any 
school  board  neglects  or  refuses  to  levy  a  tax  in  accordance  with  law  to  meet 
outstanding  bonds  or  the  interest  thereon,  the  county  auditor  shall  have  power 
to  levy  such  tax  and  when  collected  to  apply  the  proceeds  to  the  payment  of 
such  coupons  and  bonds. 

§  1339.  Cancelled  bonds,  record  of.]  When  the  bonds  of  any  school 
district  shall  have  been  paid  by  the  school  board  they  shall  be  cancelled  by 
writing  or  printing  in  red  ink  the  words  "cancelled  and  paid"  across  each  bond 
and  coupon  and  the  date  of  payment  and  amount  paid  shall  be  entered  in  the 
clerk's  register  against  the  proper  number  of  the  bonds  and  bonds  so  cancelled 
shall  be  filed  in  the  office  of  the  district  clerk  until  all  the  outstanding  bonds 
are  paid;  when  they  shall  be  destroyed  in  the  presence  of  the  full  board. 

§  1340.  Proposals  for  building  school  houses.]  When  any  school 
house  is   built    with   funds  provided   for   in   the    manner  herein  authorized,   the 


62  GENERAL  SCHOOL  LAWS 


school  board  shall  advertise  at  least  thirty  days  in  some  newspaper  printed  in 
the  county  or  by  posting  notices  for  the  same  length  of  time  in  at  least  three 
of  the  most  public  and  conspicuous  places  if  no  newspaper  is  published  in  the 
county  for  sealed  proposals  for  building  such  school  house  in  accordance  with 
plans  and  specifications  furnished  by  the  school  board,  reserving  the  right  to 
reject  any  and  all  bids,  and  if  any  of  the  proposals  shall  be  reasonable  and  sat- 
isfactory such  board  shall  award  the  contract  to  the  lowest  responsible  bidder 
and  shall  require  of  such  contractor  a  bond  in  double  the  amount  of  the  con- 
tract, conditioned  that  he  will  properly  account  for  all  money  and  property 
of  the  school  district  that  may  come  into  his  hands  and  that  he  will  perform 
the  conditions  of  his  contract  in  a  faithful  manner  and  in  accordance  with  its 
provisions;  and  in  case  all  the  proposals  are  rejected,  such  board  shall  adver- 
tise anew  in  the  same  manner  as  before  until  a  reasonable  bid  shall  be  sub- 
mitted. 

§  1341.  Provisions  of  this  article.  How  applicable.]  The  provisions 
of  this  article  shall  be  applicable  to  and  authorize  the  issuance  of  bonds  by 
such  school  districts  as  have  already  built  school  houses  and  issued  orders  or 
warrants  therefor,  and  any  such  school  district  may  vote  to  bond  the  indebt- 
edness incurred  by  reason  of  building  and  furnishing  a  school  house  and  pur- 
chasing a  site  for  the  same  and  bonds  may  be  issued  in  the  same  manner  as  here- 
inbefore provided  for  building  and  furnishing  school  houses. 

ARTICLE  15.— COMPULSORY  EDUCATION  AND   MEDICAL  INSPEC- 
TION. 

§  1342.  School  age.  Who  exempt  from  compulsory  attendance.] 
Every  parent,  guardian  or  other  person  who  resides  in  any  school  district  or 
city  and  who  has  control  over  any  child  of  or  between  the  ages  of  eight  and 
fifteen,  inclusive,  shall  send  or  take  such  child  to  a  public  school  in  each  year  dur- 
ing the  entire  time  the  public  schools  of  such  distric  or  city  are  in  session;  and 
every  parent,  guardian  or  other  person  having  control  over  any  deaf,  blind 
or  feeble-minded  child  or  youth  between  the  ages  of  seven  and  twenty-one 
years  of  age  shall  be  required  to  send  such  deaf  child  to  the  school  for.  the  deaf 
at  the  city  of  Devils  Lake  for  the  entire  school  year  unless  excused  by  the  super- 
intendent or  principal  of  such  school,  such  blind  child  to  the  school  for  he 
blind  at  Bathgate  for  the  entire  school  year  unless  excused  by  the  superintend- 
ent or  principal  of  such  school,  and  such  feeble-minded  child  to  the  institution 
for  the  feeble-minded  at  Grafton;  provided,  that  such  parent,  guardian  or  other 
person  having  control  of  any  child  shall  be  excused  from  such  duty  by  the  school 
board  of  the  district  or  by  the  board  of  education  of  the  city  or  village  when- 
ever it  shall  be  shown  to  their  satisfaction,  subject  to  appeal  as  provided  by 
law,  that  one  of  the  following  reasons  therefor  exists: 

1.  That  such  child  is  taught  for  the  same  length  of  time  in  a  parochial  or 
private  school  approved  by  the  county  superintendent  of  schools  subject  to 
appeal  to  the  superintendent  of  public  instruction;  that  no  school  shall  be  ap- 
proved by  the  county  superintendent  of  schools  or  superintendent  of  public 
instruction  unless  the  branches  usually  taught  in  the  public  schools 'are  taught 
in   such   schools. 

2.  That   such   child   is  actually  necessary  to  the  support   of  the  family. 


STATE  OF  NORTH  DAKOTA  63 


3.  That  such  child  has  already  acquired  the  branches  of  learning  taught  in 
the  public  schools. 

4.  That  such  child  is  in  such  a  physical  or  mental  condition  (as  declared 
by  a  licensed  physician,  if  required  by  the  board)  as  to  render  such  attendance 
inexpedient  or  impraticable. 

5.  If  no  school  is  taught  the  requisite  length  o"  time  within  two  and  one- 
quarter  miles  of  the  residence  of  such  child  by  the  nearest  route,  such  attendance 
shall  not  be  enforced,  except  in  cases  of  consolidated  schools,  where  the  school 
board  has  arranged  for  the  transportation  of  pupils.  Jn  school  districts  where 
consolidated  schools  have  not  been  established,  the  school  board  shall  pay  a 
sum  not  to  exceed  thirty-five  cents  nor  less  than  fifteen  cents  per  day  to  any 
one  family  living  more  than  two  and  one-quarter  miles  from  the  nearest  school, 
which  shall  be  equitably  based  upon  the  number  of  children  attending  school 
from  each  family;  provided,  that  the  tender  of  such  a  daily  compensation  shall 
be  construed  as  furnishing  transpoitation  and  when  such  a  tende  is  made  by 
the  school  board,  the  compulsory  attendance  law  shall  apply  to  all  children 
of  school  age  living  more  than  two  and  one-quaiter  and  not  to  exceed  five  miles 
from  school;  provided,  further,  that  the  provisions  for  transportation  shall 
not  apply  to  deaf,  blind  and  feeble-minded  children  in  this  state,  and  this  sec- 
tion shall  not  be  construed  to  apply  to  parents,  guardians  or  other  persons  hav- 
ing control  of  any  child  or  children  between  the  ages  of  eight  and  fifteen,  inclus- 
ive, who  desire  to  send  such  child  or  children  for  a  total  period  of  not  exceed- 
ing six  months,  which  may  be  taken  in  one  or  more  years,  to  any  parochial 
school  for  the  purpose  of  preparing  such  child  or  children  for  certain  religious 
duties.  It  shall  be  the  duty  of  the  clerk  of  the  school  board  to  include  in  his 
annual  statement  an  item  setting  forth  the  amount  spent  for  the  transportation 
of  pupils. 

§  1343.  Schools  equally  free  and  accessible.]  The  public  schools 
provided  for  in  this  chapter  shall  be  at  all  times  equally  free,  open  and  accessi- 
ble to  all  children  over  six  and  under  twenty-one  years  of  age  residing  in  the 
district. 

§  1344.  Penalty.]  Any  such  parent,  guardian  or  other  person  failing  to 
comply  with  the  requirements  of  the  foregoing  sections,  shall  upon  conviction 
thereof  be  deemed  guilty  of  a  misdemeanor,  and  shall  be  fined  in  a  sum  not  less 
than  five  nor  more  than  twenty  dollars  for  the  first  offense  and  not  less  than 
ten  dollars  nor  more  than  fifty  dollars  for  the  second  and  every  subsequent 
offense,   with  costs  in  each  case. 

§  1345.  Prosecution  for  neglecting  this  duty.]  It  shall  be  the  duty 
of  the  superintendent  or  principal  of  schools  in  any  city,  town  or  village,  or 
the  teacher  of  any  district  school,  or  the  county  superintendent  of  schools  for 
children  that  are  deaf,  blind  or  feeble-minded,  to  inquire  into  all  cases  of  negli- 
gence of  the  duty  prescribed  in  this  article  and  to  ascertain  from  the  person 
neglecting  to  perform  such  duty  the  reason  therefor,  if  any,  and  in  common  school 
districts  notify  the  county  superintendent  of  schools  of  such  neglect;  the 
said  county  superintendent,  upon  proper  presentation  of  facts,  shall  lay  the 
complaint  before  the  state's  attorney,  whose  duty  it  will  be  to  proceed  forth- 
with to  secure  the  prosecution  for  any  offense  occurring  under  this  article.  In 
special  or  independent  districts  the  superintendent  or  principal  of  schools  shall 
lay  the  complaint  before  the  state's  attorney  who  shall  proceed  as  above;  pro- 


64  GENERAL  SCHOOL  LAWS 


vided,  further,  that  the  board  of  education  or  district  school  board  in  any  city 
or  school  district  of  over  five  hundred  inhabitants  may  employ  a  truant  officer 
who  shall   perforin  the  duties  implied  in  this  section. 

§  1346.  Medical  inspection  of  pupils  in  public  schools.]  The  board 
of  any  school  corporation  in  this  state  may,  °and  whenever  petitioned  by  a  ma- 
jority of  the  persons  having  children  attending  the  schools  of  the  district,  shall 
employ  one  or  more  physicians  as  medical  inspectors  of  schools.  It  shall  be 
the  duty  of  the  medical  inspector  to  examine,  at  least  once  annually,  all  children 
enrolled  in  the  public  schools  of  the  district,  except  those  who  present  a  cer- 
tificate of  health  from  a  licensed  physician,  and  to  make  out  suitable  records 
for  each  child,  one  copy  of  which  shall  be  filed  with  the  county  or  city  super- 
intendent of  schools.  Notice  of  physical  defects  of  abnormal  or  diseased  chil- 
dren shall  be  sent  to  the  parents,  with  recommendations  for  the  parents'  guid- 
ance in  conserving  the  child's  health.  The  medical  inspector  shall  co-operate 
with  state,  county  and  township  boards  of  health  in  dealing  with  contagious 
and  infectious  diseases  and  to  secure  medical  treatment  for  indigent  children. 
It  shall  be  the  duty  of  the  county  and  city  superintendents  of  schools  to  co-oper- 
ate with  school  boards  in  promoting  medical  inspection.  He  may  arrange 
schools  by  groups,  especially  in  the  rural  districts,  for  the  purpose  of  inspec- 
tion, and  shall  advise  school  boards  with  a  view  to  securing  the  most  efficient 
and  economical  administration  of  this  law.  The  school  board  or  board  of  edu- 
cation shall  furnish  all  blanks  and  other  needed  supplies  for  this  purpose. 

ARTICLE  16.— FINES,  FORFEITURES  AND  PENALTIES. 

§  1347.  Penalty  for  neglect  of  duty  by  s  hool  director,  treasurer 
OR  clerk.]  Each  person  duly  elected  to  any  school  district  office,  who,  having 
entered  upon  the  duties  of  his  office,  shall  neglect  or  refuse  to  perform  any  du- 
ties required  of  him  by  the  provisions  of  this  chapter,  shall  upon  conviction 
be  fined  in  the  sum  of  ten  dollars  and  his  office  shall  be  deemed  vacant. 

§  1348.  Penalty  for  false  election  returns.]  Any  judge  or  clerk  of 
election,  school  district  clerk  or  county  auditor  who  wilfully  violates  the  pro- 
visions of  this  chapter  in  relation  to  elections  or  who  wilfully  makes  a  false 
return   shall   upon  conviction  be   deemed  guilty  of  a  felony. 

§  1349.  Speculation  in  office  prohibited.]  No  school  officer  shall  per- 
sonally engage  in  the  purchase  of  any  school  bonds  or  warrants  nor  shall  any 
such  officer  be  personally  interested  in  any  contract  requiring  the  expenditure 
of  school  funds  except  for  the  purchase  of  fuel  and  the  procuring  of  insurance 
and  such  supplies  as  are  in  daily  use,  but  not  including  furniture,  or  the  ex- 
penditure of  funds  appropriated  by  the  state,  county,  school  corporatioji  or 
otherwise,  for  any  special  purpose  connected  with  his  office.  Any  violation  of 
this  section  shall   be  a   misdemeanor. 

§  1350.  Penalty  for  unlawful  drawings  of  school  money.]  Any  per- 
son who  draws  money  from  the  county  treasury,  who  is  not  at  the  time  a  duly 
qualified  treasurer  of  the  school  corporation  for  which  he  draws  the  money  and 
authorized  to  act  as  such,  shall  be  guilty  of  a  misdemeanor  and  shall  upon  con- 
viction thereof  be  punished  by  a  fine  of  not  less  than  twenty-five  dollars. 

§  1351.  Use  of  school  funds.  When  embezzlement.]  Each  treasurer 
who  shall  loan  any  portion  of  the  money  in  his  hands  belonging  to  any  school 


STATE  OF  NORTH  DAKOTA  65 


district,  whether  for  consideration  or  not,  or  who  shall  expend  any  portion 
thereof  for  his  own  or  any  other  person's  private  use,  is  guilty  of  embezzlement, 
and  no  such  treasurer  shall  pay  over  or  deliver  the  school  money  in  his  hands 
to  any  officer  or  person  or  to  any  committee  to  be  expended  by  him  or  them; 
but  all  public  funds  shall  be  paid  out  only  by  the  proper  treasurer  as  herein- 
before provided. 

§  1352.  Action  to  recover  money  when  treasurer  fails  to  pay  over.] 
If  any  person  shall  refuse  or  neglect  to  pay  over  any  money  in  his  hands  as 
treasurer  of  a  school  district  to  his  successor  in  office  his  successor  must,  with- 
out delay,  bring  action  upon  the  offieiaPbond  of  such  treasurer  for  the  recov- 
ery of  such  money. 

§  1353.  Penalty.  When  indorsement  of  unpaid  warrants  is  not  made.] 
Any  violation  by  a  district  treasurer  of  the  provisions  of  this  chapter  requiring 
indorsement  of  warrants  not  paid  for  want  of  funds,  and  the  payment  thereof 
in  the  order  of  presentation  and  indorsement  is  a  misdemeanor  punishable  by 
a  fine  not  exceeding  one  hundred  dollars. 

§  1354.  Penalty  for  false  reports.]  Each  school  officer  who  wilfully 
signs  or  transmits  a  false  report  to  the  county  superintendent  or  wilfully  signs, 
issues  or  publishes  a  false  statement  of  facts  purporting  or  appearing  to  be  based 
upon  the  books,  accounts  or  records,  or  of  the  affairs,  resources  and  credit  of 
the  district  shall  upon  conviction  be  punished  by  a  fine  not  exceeding  fifty  dol- 
lars or  by  imprisonment  in  the  county  jail  not  exceeding  fifteen  days. 

§  1355.  Penalty  for  wilful  disturbance  of  school.]  Each  person, 
whether  pupil  or  not,  who  wilfully  molests  or  disturbs  a  public  school  when 
in  session  or  who  wilfully  interferes  with  or  interrupts  the  proper  order  of  man- 
agement of  a  public  school  by  act  of  violence,  boisterous  conduct  or  threat- 
ening language,  so  as  to  prevent  the  teacher  or  any  pupil  from  performing  his 
duty,  or  who  shall  in  the  presence  of  the  school  children  upbraid,  insult  or  threaten 
the  teacher,  shall  upon  conviction  thereof  be  punished  by  a  fine  not  exceeding 
twenty-five  dollars  or  by  imprisonment  in  the  county  jail  for  a  period  not  ex- 
ceeding ten  days,  or  both. 

§  1356.  Proposals  for  contracts.]  No  contract  except  for  teachers'  sal- 
ary, professional  services,  janitors'  wages,  or  school  text  books  involving  the 
expenditure  of  school  funds  or  money  appropriated  for  any  purpose  relating 
to  the  educational  system  of  this  state,  or  any  county,  district  or  school  cor- 
poration therein,  when  the  amount  exceeds  one  hundred  dollars,  shall  be  let 
until  proposals  are  advertised  for  a  period  of  ten  days,  and  after  such  adver- 
tisement, only  to  the  lowest  responsible  bidder.  Any  violations  of  this  sec- 
tion shall  be  a  misdemeanor. 

ARTICLE  17.— STATE  POARD  OF  EXAMINERS. 
EXAMINATIONS  AND  CERTIFICATES. 

§  1357.  Annual  report.]  The  board  shall,  on  or  before  the  first  day  of 
November  of  each  year,  make  a  report  to  the  governor  covering  the  school  year 
ending  June  30th,  preceding,  setting  forth  in  detail  all  its  official  transactions. 

§  1358.  Duties.]  Tlte  state  board  of  examiners  shall  prepare  or  cause  to 
be  prepared  all  questions  for  examinations  for  all  certificates  to  teach  in  this 
state,  and  shall   prescribe  the  rules  and  regulations  governing  the  same,   shall 


66  GENERAL  SCHOOL  LAWS 


examine,  mark  and  file  all  answer  papers  for  all  certificates  or  cause  the  same 
to  lie  done,  and  shall  issue  all  certificates  to  teach  in  the  public  schools  of  this 
slate. 

§  1359.  Certificates.]  There  shall  be  four  regular  grades  of  certificates 
issued  by  the  board  of  examiners.  These  shall  be  issued  only  to  persons  of  good 
moral  character  who  fulfill  all  the  requirements  specified  by  law  and  by  the 
rules  and  regulations  of  the  board,  viz: 

(1).     The  second  grade  elementary  certificate. 

(2).     The  first  grade  elementary  certificate. 

(3).     The  second  grade  professional  certificate. 

(4).     The  first  grade  professional  certificate. 

§  1360.  Second  grade  elementary  certificate.]  The  second  grade  ele- 
mentary certificate  shall  be  granted  to  those  persons  over  eighteen  years  of  age 
who  are  found  proficient  in  the  following  subjects:  reading,  arithmetic,  lan- 
guage and  grammar,  geography,  United  States  history,  physiology  and  hy- 
giene (including  physical  culture),  civil  government,  pedagogy,  and  any  one  of 
the  following  named  subjects:  music,  drawing,  agriculture,  nature  study,  do- 
mestic science,  manual  training;  provided,  that  the  board  of  examiners  may 
in  their  discretion  specify  which  of  the  above  subjects  may  be  required. 
The  proficiency  of  the  applicants  in  spelling  and  writing  will  be  determined 
from  the  papers  submitted  by  the  applicants.  The  second  grade  elementary 
certificate  shall  be  valid  for  two  years  in  any  county  in  the  state  when  recorded 
by  the  county  superintendent  of  schools.  It  shall  qualify  the  holder  to  teach 
in  any  grade  in  rural  and  graded  schools  up  to  and  including  the  eighth  grade, 
and  may  be  renewable  by  the  county  superintendent  of  schools  under  rules 
prescribed   by   the   board   of   examiners. 

§  1361.  First  grade  elementary  certificate.]  The  first  grade  elementary 
certificates  shall  be  granted  to  those  persons  over  twenty  years  of  age  who  have 
had  at  least  eight  months'  experience  in  teaching  and  who,  in  addition  to  those 
subjects  required  for  a  second  grade  elementary  certificate,  are  found  proficient 
in  elements  of  psychology  and  four  of  the  following  subjects  of  secondary  grade: 
elementary  algebra,  plane  geometry,  physics,  physical  geography,  botany,  the 
elements  of  agriculture,  nature  study,  manual  training,  domestic  science  and 
American  literature.  The  first  grade  elementary  certificate  shall  be  valid  for 
three  years  in  any  county  in  the  state  when  recorded  by  the  county  superin- 
tendent of  schools.  It  shall  qualify  the  holder  to  teach  in  any  grade  in  any 
school  in  the  state  up  to  and  including  the  eighth  grade  and  the  ninth  grade 
of  schools  doing  not  over  one  year  of  high  school  work,  and  may  be  renewable 
by  the  county  superintendent  of  schools  under  rules  prescribed  by  the  board 
of  examiners. 

§  1362.  Second  grade  professional  certificate.]  The  second  grade  pro- 
fessional certificate  shall  be  granted  to  those  persons  who  are  at  least  twenty 
years  of  age  and  who  have  had  at  least  nine  months'  experience  in  teaching 
and  have  the  qualifications  necessary  for  a  first  grade  elementary  certificate, 
and  who  in  addition  are  found  proficient  in  the  following  subjects  of  advanced 
grade:  (1)  psychology,  (2)  the  history  of  education,  (3)  the  principle  of  edu- 
cation, (4)  school  administration,  5)  methods  in  elementary  subjects,  (6) 
rhetoric  and  composition,  (7)  American  or  English  literature,  (8)  Ancient,  Eng- 
lish  or    American    history,   (9)  some   one   natural    science    (which    may    include 


STATE  OF  NORTH  DAKOTA  67 


agriculture),  10)  higher  algebra,  solid  geometry,  manual  training  or  domestic 
science.  The  second  grade  professional  certificate  shall  legally  qualify  the 
holder  to  teach  in  any  of  the  common,  graded  or  high  schools  of  the  state,  ex- 
cept in  the  high  school  departments  of  schools  doing  four  years  of  high  school 
work.  It  shall  be  valid  for  a  period  of  five  years  and  shall  be  renewable  in  the 
discretion  of  the  board  for  a  period  of  years  or  for  life 

§  1363.  First  grade  professional  certificate.]  The  first  grade  profes- 
sional ce  tificate  shall  be  granted  to  those  persons  who  have  substantially  the 
equivalent  of  a  college  education,  and  who  have  had  at  least  eighteen  months' 
experience  in  teaching.  They  shall  have  all  the  qualifications  necessary  for 
a  second  grade  professional  certificate,  and  in  addition  thereto,  be  found  pro- 
ficient in  the  following  subjects:  (l)  foreign  language,  (2)  a  natural  science 
other  than  the  one  presented  for  he  second  grade  professional  certificate,  (3) 
ethics,  logic  of  sociology,  (4)  political  science,  economics  or  domestic  science, 
(5)  any  two  subjects  of  college  grade  listed  for  the  second  grade  professional 
certificate  and  not  previously  offered  by  the  applicant.  The  first  grade  pro- 
fessional certificate  shall  qualify  the  holder  to  teach  in  all  the  common,  graded 
and  high  schools  of  the  state,  and  shall  be  valid  for  five  years,  or  for  life. 

§  1364.  Special  certificates.]  The  board  may  grant  special  certificates 
authorizing  the  holders  to  teach  in  any  of  the  common,  graded  or  high  schools 
(1)  drawing,  (2)  music,  (3)  kindergarten,  or  (4)  primary  subjects,  to  teachers 
holding  at  least  a  second  grade  elementary  certificate.  Special  certificates  to 
teach  (1)  agriculture,  (2)  commercial  subjects,  (3)  domestic  science,  or  (4)  man- 
ual and  industrial  training  in  the  common,  graded  or  high  schools  of  the  state, 
may  be  issued  to  applicants  who  possess  qualifications  equivalent  to  those  re- 
quired for  a  second  grade  professional  certificate.  The  applicant  for  a  special 
certificate  must  satisfy  the  board  by  examination  or  otherwise  of  his  proficiency 
in  the  subject  which  the  holder  is  authorized  to  teach.  Special  certificates 
shall  be  valid  for  such  a  term  of  years  as  the  board  shall  prescribe. 

§  1365.  Diplomas  accredited.]  The  diplomas  granted  on  the  completion 
of  the  four-year  curriculum  of  Teachers  College  of  the  University  of  North 
Dakota,  shall  be  accredited  as  a  first  grade  professional  certificate  for  two  years, 
and  after  the  holder  has  had  nine  months'  successful  experience  in  teaching, 
satisfactory  evidence  of  which  having  been  filed  with  the  board,  such  diploma 
shall  entitle  the  owner  to  a  first  grade  professional  certificate  for  life. 

(2)  The  diploma  from  the  advanced,  or  five-year  curriculum  of  the  state 
normal  schools,  or  its  equivalent,  the  two-year  curriculum  for  high  school  grad- 
uates; shall  be  accredited  as  a  second  grade  professional  certificate  for  two  years, 
and  after  the  holder  has  bad  nine  months'  successful  experience  in  teaching, 
satisfactory  evidence  of  which  having  been  filed  with  the  board,  such  diploma 
shall  entitle  the  holder  to  a  second  grade  professional  certificate  valid  for  life. 

(3)  The  diploma  from  the  four-year  curriculum  of  the  state  normal  schools 
or  its  equivalent,  the  one-year  curriculum  for  high  school  graduates  shall  be 
accredited  as  a  professional  certificate  of  the  second  grade  f o  •  two  years,  and, 
after  the  holder  has  had  nine  months'  successful  experience  in  teaching,  satis- 
factory evidence  of  which  having  been  filed  with  the  board,  shall  entitle  the 
holder  to  a  second  grade  professional  certificate,  valid  for  five  years,  which  certi- 
ficate shall  be  renewable  in  the  discretion  of  the  board. 

(4)  The  certificate  of  completion  issued  by  the  slate  normal  schools  to  those 


68  GENERAL  SCHOOL  LAWS 


who    complete    the    ten  and  one-half    months'    curriculum    of    the    state    normal 
schools  shall  entitle  the  holder  to  a  second  grade  elementary  certificate. 

§  1366.  Other  diplomas  accredited.]  Diplomas  from  institutions 
within  or  without  the  state  shall  be  accredited,  and  professional  certificates 
issued  thereon  upon  the  following  basis:  (a)  the  bachelor's  diploma  from  a 
college  of  recognized  standing  shall  be  valid  for  a  period  of  two  years,  after  its 
presentation  to  the  board,  as  a  first  grade  professional  certificate,  provided, 
that  the  diploma  implies  at  least  two  year  courses,  or  sixteen  semester  hours,  of 
professional  preparation  for  teaching,  or  in  lieu  of  such  professional  study,  that 
the  holder  of  the  diploma  has  had  three  years'  successful  experience  in  teaching 
or  in  administering  schools  after  receiving  such  diploma;  and  after  the  holder 
has  had  nine  months'  successful  experience  in  teaching,  after  the  presentation  of 
such  diploma,  satisfactory  evidence  of  such  experience  having  been  filed  with 
the  board,  he  shall  be  entitled  to  a  first  grade  professional  certificate  which  shall 
be  valid  for  five  years  and  which  shall  be  renewed  for  life  upon  satisfactory  evi- 
dence of  successful  experience  for  five  years. 

(b)  The  diploma  or  certificate  from  institutions  whose  curriculum  is  the 
equivalent  of  the  four-year  or  the  five-year  curriculum  of  the  state  normal  schools 
shall  be  valid  for  two  year  as  a  second  grade  professional  certificate,  provided, 
that  the  diploma  or  certificate  implies  at  least  two  year  courses,  or  sixteen  semester 
hours,  of  professional  preparation  for  teaching  or,  in  lieu  of  such  professional 
study,  that  the  holder  of  the  diploma  has  had  three  years  of  successful  experience 
in  teaching  or  in  administering  schools  after  receiving  such  diploma;  and  after 
the  holder  of  such  diploma  has  had  nine  months  of  successful  experience  in 
teaching  after  receiving  ^uch  diploma,  satisfactory  evidence  of  such  experience 
having  been  filed  with  the  board,  he  shall  be  entitled  to  a  second  grade  professional 
certificate  valid  for  five  years  or  for  life  respectively. 

§  1367.  Permits.]  A  college  graduate  without  experience  or  the  required 
professional  preparation  may,  for  reasons  satisfactory  to  the  board,  be  granted 
a  permit,  or  probationary  certificate,  valid  until  such  time,  not  to  exceed  six 
months,  as  shall  be  set  by  the  board  for  his  examination  on  the  professional 
subjects,  when,  if  successful  he  may  be  granted  a  certificate,  valid  for  a  term  of 
years  or  for  life.  Permits  to  teach  till  the  next  regular  examination  may  be 
granted  by  the  county  superintendent  of  schools  to  any  person  applying  at  any 
time  other  than  the  regular  examinations,  who  can  show  satisfactory  reasons 
for  not  attending  the  previous  examination  and  satisfactory  evidence  of  qualifi- 
cation, subject  to  the  rules  and  regulations  of  the  board. 

§  1368.  Accredited  work.]  The  board  of  examiners  shall  be  authorized 
to  accredit,  under  its  rules  and  regulations,  the  specific  marks  or  standings  given 
in  high  schools,  summer  schools,  normal  schools  and  the  other  institutions  of  this 
state,  when  upon  investigation  it  deems  such  standings  good  evidence  of  pro- 
ficiency in  the  subjects  specified. 

§  1369.  High  school  diplomas.]  Diplomas  from  North  Dakota  high  schools 
doing  four  years'  work,  granted  to  graduates  who  have  had  psychology, 
school  management  and  methods  of  instruction,  and  three  senior-review  subjects, 
shall  be  accredited  as  second  grade  elementary  certificates;  and  if  within  two 
years  from  the  date  of  the  diploma  the  holder  has  had  at  least  eight  months' 
successful  experience  in  teaching,  he  shall  be  entitled  to  a  first  grade  elementary 
certificate. 


STATE  OF  NORTH  DAKOTA 


§  1370.  Examination  conducted  by  county  superintendent.]  Unde 
the  direction  of  the  state  board  of  examiners,  the  county  superintendent  sha 
hold  a  public  examination  of  all  persons  over  eighteen  years  of  age  offering  them- 
selves as  applicants  for  teachers'  certificates,  at  the  most  suitable  place  or  places 
in  the  county  on  the  second  Thursday  and  Friday  in  February,  May,  August 
and  November  of  each  year,  and  when  necessary  such  examination  may  be  con- 
tinued on  the  following  day.  He  shall  examine  them  by  a  series  of  written  or 
printed  questions,  according  to  the  rules  prescribed  by  the  state  board  of  exam- 
iners. The  county  superintendent  shall  forward  all  answer  papers  submitted 
by  applicants  immediately  after  the  close  of  the  examination  to  the  state  board 
of  examiners,  for  examination,  marking,  filing  and  recording.  The  state  board 
of  examiners  by  its  president  and  secretary  shall  grant  to  each  applicant  a  certi- 
ficate of  qualification,,  if  from  the  percentage  of  correct  answers  required  by 
the  rules,  said  applicant  is  found  to  possess  the  requisite  knowledge  and  under- 
standing to  teach,  in  the  common  schools  of  the  state,  the  various  branches  re- 
quired by  law;  provided,  that  sufficient  evidence  is  furnished  that  the  candidate 
is  a  person  of  good  moral  character,  has  had  successful  experience,  if  any,  and 
possesses  an  aptness  to  teach  and  govern. 

§  1371.  Papers  to  be  kept  on  file.  Appeals.]  The,  written  answers 
of  applicants  for  elementary  certificates,  after  being  duly  examined  under  the 
direction  of  the  state  board  of  examiners,  shall  be  kept  on  file  in  the  office  of  the 
secretary  of  the  board  of  examiners  for  a  period  of  six  months  after  such  examina- 
tion, and  any  applicant  thinking  an  injustice  has  been  done  him,  may,  by  paying 
a  fee  of  one  dollar  in  the  institute  fund  of  the  county  and  notifying  both  the 
county  superintendent  and  the  secretary  of  the  board  of  examiners  of  the 
same,  have  his  papers  specially  re-examined  by  the  board,  and,  if  such  answer 
papers  warrant  it,  the  state  board  of  examiners  shall  issue  such  applicant  an 
elementary  certificate  of  the  proper  grade. 

§  1372.  Qualifications  of  teachers.]  No  certificate  or  permit  to  teach 
shall  be  issued  to  any  person  under  eighteen  years  of  age,  and  no  first  grade 
elementary  certificate  to  any  per  on  who  is  under  twenty  years  of  age,  and  who 
has   not   taught  successfully   eight   months'    school.  First  and   second   grade 

elementary  certificates  may  be  renewed  without  examination,  under  such  require- 
ments as  shall  be  imposed  by  the  state  board  of  examiners.  The  certificates 
issued  by  the  state  board  of  examiners  shall  be  valid  in  any  county  in  this  state 
when  recorded  by  the  county  superintendent  of  schools. 

§  1373.  Teacher  must  hold  certificate,  to  be  recorded.]  No  person 
shall  be  employed  or  permitted  to  teach  in  any  of  the  public  schools  of  the  state 
except  those  in  cities  organized  for  school  purposes  under  special  laws,  or  organ- 
ized as  independent  districts  under  the  general  school  laws,  who  is  not  the  holder 
of  a  lawful  certificate  of  qualification  or  a  permit  to  teach,  and  no  teacher's 
certificate,  issued  by  the  state  board  of  examiners  nor  a  teacher's  diploma  granted 
by  any  institution  of  learning  in  this  state  shall  entitle  a  person  to  teach  in  such 
public  schools  of  any  county,  unless  such  certificate  or  diploma  shall  have  been 
recorded  in  the  office  of  the  county  superintendent  of  the  county  in  which  the 
holder  is  engaged  to  teach,  and  it  shall  be  the  duty  of  the  county  superintendent 
to  record  such  certificate  or  diploma. 

§  1374.  Certificates,  when  revocable.]  The  state  board  of  examiners 
is  authorized  and  required  to  revoke  and  annul  at  any  time  a  certificate  granted 


70  GENERAL  SCHOOL  LAWS 


in  this  state,  for  any  cause  which  would  have  authorized  or  required  it  to  refuse 
to  grant  the  same,  if  known  at  the  time  it  was  granted,  and  for  incompetency, 
immorality,  intemperance,  cruelty,  crime  against  the  laws  of  the  state,  breach 
of  contract,  refusal  to  perform  his  duty,  or  for  the  general  neglect  of  the  work  of 
the  school.  The  revocation  of  the  certificate  shall  terminate  the  employment 
of  such  teacher  in  the  school  where  he  may  be  at  the  time  employed.  Such 
teacher  must  be  paid  up  to  the  time  of  receiving  notice  of  such  revocation.  The 
state  board  of  examiners  shall  immediately  cause  notice  to  be  sent  to  the  clerk 
of  the  school  district  where  such  teacher  is  employed  and  notify  the  teacher 
through  the  clerk,  of  such  revocation;  and  it  shall  also  notify  each  county  superin- 
tendent in  the  state,  and  shall  enter  its  action  in  such  case  on  its  records. 

§  1375.  Proceedings  to  revoke.  Teacher  allowed  defense.]  In 
proceedings  to  revoke  a  certificate  the  board  of  examiners  may  act  upon  personal 
knowledge  or  upon  competent  evidence  obtained  from  others.  In  the  latter  case 
action  shall  be  taken  only  after  a  fair  hearing,  and  the  teacher  must  be  notified 
of  the  charge  and  given  an  opportunity  to  make  a  defense  at  such  time  and  place 
as  may  be  stated  in  such  notice.  FJpon  their  own  knowledge  the  board  may  act 
immediately  without  notice,  after  an  opportunity  has  been  afforded  such  teacher 
for  personal  explanation.  When  any  certificate  is  revoked  the  teacher  shall 
return  it  to  the  secretary  of  the  state  board  of  examiners,  but  if  such  teacher 
refuses  or  neglects  so  to  do  the  board  may  issue  notice  of  such  revocation  by 
publication  in  some  newspaper  printed  in  the  county  where  the  accused  was  last 
employed. 

§  1376.  Fees  for  certificates.]  The  state  board  of  examiners  shall  require 
a  fee  of  five  dollars  from  each  applicant  for  a  first  grade  professional  certificate, 
and  a  fee  of  three  dollars  from  each  applicant  for  a  second  grade  professional 
certificate  or  for  a  special  certificate.  The  same  fee  shall  be  charged  for  a  renewal 
of  a  professional  or  special  certificate  as  is  charged  for  its  issuance.  The  county 
superintendent  shall  collect  a  fee  of  two  dollars  from  each  applicant  for  an  elemen- 
tary certificate,  and  a  fee  of  one  dollar  for  each  renewal  of  an  elementary  certi- 
ficate. A  deposit  of  the  fee  required  for  any  certificate  sought  roust  be  made 
when  a  permit  is  issued,  which  deposit  shall  be  forfeited  in  case  the  applicant 
fails  to  take  the  following  examination. 

§  1377.  Disposition  of  fees.]  One  dollar  of  each  fee  collected  by  the 
county  superintendent  from  the  applicants  for  elementary  certificates,  and  all  fees 
received  for  the  renewal  of  elementary  certificates  shall  be  paid  into  the  county 
teachers'  institute  fund  to  be  used  in  support  of  teachers'  institutes  or  teachers' 
training  schools  for  the  county  as  provided  by  law,  and  one  dollar  of  each  fee 
from  applicants  for  elementary  certificates  shall  be  forwarded  to  the  state  board 
of  examiners  who  shall  deposit  all  fees  received  by  them  in  the  state  treasury  as 
a  fund  from  which  to  pay  the  clerical  help,  per  diem  and  all  other  expenses 
incurred  by  the  board  in  the  discharge  of  their  duties,  and  to  aid  in  the  estab- 
lishment and  maintenance  of  teachers'  reading  circles  and  in  the  professional- 
izing of  teaching  in  such  other  ways  as  the  board  may  deem  advisable. 

ARTICLE  18.— DUTIES  OF  TEACHERS. 

§  I.STS/^Duties  and  powers  of  city  and  village  superintendents.]  The 
superintendents  of  schools  in  all  districts  employing  such  officer,  shall,  subject  to 


STATE  OF  NORTH  DAKOTA  71 


the  final  authority  of  t In-  board,  supervise  the  administration  of  the  course  of 
study,  visit  schools,  examine  classes,  and  have  general  supervision  of  the  pro- 
fessional work  of  the  school,  including  the  holding  of  teachers'  meetings  and  the 
classification  of  teachers.  The  superintendent,  from  time  to  time,  shall  make 
reports  to  the  board  of  education  embodying  recommendations  relative  to  the 
employment  of  teachers  and  janitors,  adoption  of  text  books,  changes  in  the 
course  of  study,  enforcement  of  discipline,  and  general  school  matters;  and  shall 
also  make  such  other  reports  and  perform  such  other  duties  as  the  board  of  edu- 
cation may  direct  and  delegate. 

§  1379.  Give  notice  of  opening  and  closing  of  school. 1  Each  teacher 
on  beginning  a  term  of  school  shall  give  written  notice  to  the  county  superin- 
tendent of  the  time  and  place  of  opening  such  school  and  the  time  when  it  will 
probably  close,  and  prior  to  receiving  salary  for  the  first  month  each  teacher 
must  exhibit  his  certificate  or  permit  to  teach  to  the  clerk  of  the  district  school 
board.  If  such  school  is  to  be  suspended  for  one  week  or  more  in  such  term  the 
teacher  shall  notify  the  county  superintendent  of  such  suspension. 

§  1380.  When  teacher  not  entitled  to  compensation.]  No  teacher 
shall  be  entitled  to  or  receive  any  compensation  for  the  time  he  teaches  in  any 
public  school  without  a  certificate  or  permit  to  teach,  valid  and  in  force  for  su  h 
time  in  the  county  where  such  school  is  taught,  except  that  if  a  teacher's  certificate 
shall  expire  by  its  own  limitation  within  six  weeks  of  the  close  of  the  term,  such 
teacher  may  finish  such  term  without  re-examination  or  renewal  of  such  certificate. 

§  1381.  Teacher's  register,  what  to  contain.]  Each  teacher  shall  keep 
a  school  register  and  at  the  close  of  each  term  make  a  report  containing  the  num- 
ber of  visits  of  the  county  superintendent  and  such  items  and  in  such  form  as 
shall  be  required.  Such  report  shall  be  made  in  duplicate,  both  copies  of  which 
shall  be  sent  to  the  county  superintendent  who,  if  he  finds  such  report  to  be  correct, 
shall  immediately  return  one  copy  to  the  district  clerk  to  be  filed  with  him.  No 
teacher  shall  be  paid  the  last  month's  salary  in  any  term  until  such  report  shall 
have  been  approved  by  the  county  superintendent  and  one  copy  returned  to  the 
district  clerk. 

§  1382.  School  year  and  school  week  defined.  Holidays.]  The  school 
year  shall  begin  on  the  first  day  of  July  and  close  on  the  thirtieth  day  of  June 
of  each  year.  A  school  week  shall  consist  of  five  days  and  a  school  month  of 
twenty  days.  No  school  shall  be  taught  on  a  legal  holiday  or  on  Saturday, 
provided,  however,  that  on  February  the  twelfth  (Lincoln's  Birthday),  February 
twenty-second  (Washington's  birthday)  and  May  the  thirtieth  (Memorial  day) 
all  schools  in  session  shall  assemble  for  a  portion  of  the  day  and  devote  the  same 
to  patriotic  exercises  consistent  with  the  day,  unless  such  holiday  shall  fall  upon 
Saturday  or  Sunday.  A  legal  holiday  in  term  time  falling  upon  a  day  which 
would  otherwise  be  a  school  day  shall  be  counted  and  the  teacher  paid  therefor, 
but  no  teacher  shall  be  paid  for  Saturday  or  be  permitted  to  teach  on  Saturday 
to  make  up  for  the  loss  of  a  daj  in  the  term. 

§  1383.  BRANCHES  to  BE  TAUGHT  in  ALL  SCHOOLS.]  Each  teacher  in  the 
common  schools  shall  teach  pupils  as  they  are  sufficiently  advanced  to  pursue 
the  same,  the  following  branches:  Orthography,  reading,  writing,  arithmetic, 
language  lessons,  English  grammar,  geography,  and  lessons  in  nature  study  and 
elements  of  agriculture,  United  States  history,  civil  government,  physiology 
and   hygiene,   giving  special  and   thorough    instruction   concerning  the  nature  of 


72  GENERAL  SCHOOL  LAWS 


alcoholic  drinks  and  narcotics,  and  their  effect  upon  the  human  system.  There 
shall  also  be  taught  in  every  school  in  connection  with  physiology  and  hygiene 
simple  lessons  in  the  nature  treatment  and  prevention  of  tuberculosis  and  other 
contagious  and  infectious  diseases.  All  pupils  in  the  above  mentioned  schools 
below  the  high  school  and  above  the  third  year  of  school  work  computing  fron 
the  beginning  of  the  lowest  primary  year',  shall  receive  instructions  in  hygiene 
every  year  from  text  books  adapted  to  grade  in  the  hands  of  pupils  for  not  less 
than  four  lessons  per  week  for  ten  weeks  of  each  school  year.  In  all  schools 
above  mentioned,  all  pupils  in  the  (three)  lowest  three  primary  school  years, 
shall  each  be  instructed  orally  in  hygiene  for  not  less  than  three  lessons  per  week 
for  ten  weeks  of  each  school  year  by  teachers  using  text  books  adapted  to  grade 
for  such  instruction  as  a  guide  or  standard.  Each  teacher  in  schools  in  special 
districts  and  in  the  cities  organized  for  school  purposes  under  special  law  shall 
conform  to  and  be  governed  by  the  provisions  of  this  section. 

§  1384.  Teaching  humane  treatment  of  animals.]  There  shall  be  given 
in  the  public  schools  of  North  Dakota,  in  addition  to  other  branches  of  study 
now  prescribed,  instruction  in  the  humane  treatment  of  animals;  such  instruction 
shall  be  oral  and  shall  consist  of  not  less  than  two  lessons  of  ten  minutes  each 
per  week. 

§  1385.  Teachers'  institute  and  teachers'  training  schools.  Notice. 
Penalty  for  failure  to  attend.]  When  a  teachers'  institute  or  teachers' 
training  school  is  appointed  to  be  held  in  or  for  any  county  it  shall  be  the  duty  of 
the  county  superintendent  to  give  written  or  printed  notice  thereof  to  each  teacher 
in  the  public  schools  of  the  county,  and  as  far  as  possible  to  call  others  not  then 
engaged  in  teaching,  who  are  holders  of  teachers'  certificates,  at  least  ten  days 
before  the  opening  of  such  institute  or  teachers'  training  school  of  the  time  and 
place  of  holding  it.  Each  teacher  receiving  such  notice,  engaged  in  teaching  a 
term  of  school  which  includes  wholly  or  in  part  the  time  of  holding  such  institute 
or  teachers'  training  school,  shall  close  school  and  attend  the  same  and  shall  be 
paid  by  the  school  board  of  the  district  his  regular  salary  as  teacher  for  the  time 
he  a  tended  such  institute  or  teachers'  training  school,  as  certified  by  the  county 
superintendent,  but  no  teacher  shall  receive  pay  unless  he  has  attended  four  days 
nor  shall  any  teacher  receive  pay  for  more  than  five  days.  The  county  superin- 
tendent may  revoke  the  certificate  of  any  teacher  in  his  county  for  inexcusable 
neglect  or  refusal  after  due  notice,  to  attend  a  teachers'  institute  or  teachers' 
training  school  held  for  such  county.  The  provisions  of  this  section  shall  not 
apply  to  high  school  teachers,  nor  to  teachers  in  cities  organized  for  school 
purposes  under  a  special  law,  nor  to  teachers  in  cities  organized  as  independ- 
ent districts  under  the  provisions  of  this  chapter. 

§  1386.  Pupil  mat  be  suspended  for  cause.]  A  teacher  may  suspend 
from  school  for  not  more  than  five  days  any  pupil  for  insubordination,  habitual 
disobedience,  or  disorderly  conduct.  In  such  case  the  teacher  shall  give  imme- 
diate notice  to  the  parent  or  guardian  of  such  pupil,  and  also  to  some  member  of 
the  district  school  board  of  such  suspension  and  the  reason  therefor. 

§  1387.  Assignment  of  studies  to  pupils.]  It  shall  be  the  duty  of  the 
teacher  to  assign  to  each  pupil  such  studies  as  he  is  qualified  to  pursue,  and  to 
place  him  in  the  proper  class  in  any  studies  subject  to  the  provisions  of  section 
1383,  provided,  that  in  graded  school  under  the  charge  of  a  principal  or  local 
superintendent,   such  principal  or  superintendent  shall  perform   this  duty.     In 


STATE  OF  NORTH  DAKOTA  73 


case  any  parent  or  guardian  in  a  common  school  district  is  dissatisfied  with  such 
assignment  or  classification,  the  matter  shall  be  referred  to  and  decided  by  the 
county   superintendent. 

§  1388.  Bible  not  sectarian  book.  Reading  optional  with  pupils.] 
The  Bible  shall  not  be  deemed  a  sectarian  book.  It  shall  not  be  excluded  from 
any  public  school.  It  may  at  the  option  of  the  teacher  be  read  in  school  without 
sectarian  comment,  not  to  exceed  ten  minutes  daily.  No  pupil  shall  be  required 
to  read  it  or  to  be  present  in  the  school  room  during  the  reading  thereof,  con- 
trary to  the  wishes  of  his  parents  or  guardians  or  other  person  having  him  in 
charge. 

§  1389.  Moral  instruction.]  Moral  instruction  tending  to  impress  upon 
the  minds  of  pupils  the  importance  of  truthfulness,  temperance,  purity,  public 
spirit,  patriotism,  international  peace,  respect  for  honest  labor,  obedience  to  parents 
and  due  deference  for  old  age,  shall  be  given  by  each  teacher  in  the  public  schools. 

§  1390.  Physical  education.]  Physical  education,  which  shall  aim  to 
develop  and  discipline  the  body  and  promote  health  through  systematic  exercise, 
shall  be  included  in  the  branches  of  study  required  by  law  to  be  taught  in  the 
common  schools,  and  shall  be  introduced  and  taught  as  a  regular  branch  to  all 
pupils  in  all  departments  of  the  public  schools  of  the  state,  and  in  all  educational 
institutions  supported  wholly  or  in  part  by  money  from  the  state.  It  shall  be 
the  duty  of  all  boards  of  education  and  boards  of  educational  institutions  receiving 
money  from  the  state,  to  make  provision  for  daily  instruction  in  all  the  schools 
and  institutions  under  their  respective  jurisdiction,  and  to  adopt  such  method 
or  methods  as  will  adapt  progressive  physical  exercise  to  the  development, 
health  and  discipline  of  the  pupils  in  the  various  grades  and  classes  of  schools 
and  institutions  receiving  aid  from  the  state. 

ARTICLE  19.— INSTITUTES  AND  ASSOCIATIONS 

§  1391.  Teachers'  county  institute  fund.]  All  money  received  by  the 
county  superintendent  from  examination  fees  for  the  county  institute  fund,  and 
all  money  paid  into  this  fund  from  the  county  general  revenue  fund,  shall  be  used 
by  him  to  aid  in  the  support  of  teachers'  institutes  or  teachers'  training  schools, 
district  teachers'  meetings  and  annual  school  officers'  meetings,  to  be  held  within 
or  for  the  county  and  to  pay  necessary  expenses  incurred  therein.  The  county 
uperintendent  shall  present  an  itemized  statement,  duly  verified,  to  the  count  \ 
auditor  for  the  amount  of  all  sued  necessary  expenses  and  the  auditor  shall  issue 
a  warrant  therefor  as  provided  by  law.  The  county  superintendent  shall,  at 
the  end  of  each  year,  submit  a  full  and  accurate  statement  of  the  receipts  and 
expenditures  of  these  funds,  under  oath,  to  the  superintendent  of  public  instruc- 
tion. 

§  1392.  Appropriation  for  institute  fund.  Designation  of  con- 
ductors.] There  is  hereby  appropriated  out  of  any  funds  in  the  state  treasury 
not  otherwise  appropriated,  the  sum  of  one  hundred  dollars  each  year  to  each 
organized  county  in  the  stale  which  ,sh;ill  be  designated  as  the  state  institute 
fund,  and  which  shall  be  used  exclusively  in  employing  persons  of  learning,  ability 
and  experience  as  conductors,  assistants  and  lecturers,  of  teachers'  institutes. 
The  superintendent  of  public  instruction  after  consultation  with  the  county 
superintendent   as  to  the  special    needs  and  wants  of  their   respective  counties. 


74  GENERAL  SCHOOL  LAWS 


shall  appoint  the  time,  place  and  duration  of  these  institutes,  and  training  schools, 
and  shall  designate  the  persons  to  act  as  conductors,  assistants  and  lecturers  of 
the  same,  as  in  his  judgment  the  needs  of  the  various  counties  demand. 

§  1393.  Institute  fund,  how  paid  out.]  It  shall  be  the  duty  of  the  county 
superintendent  of  schools  in  all  cases  to  consult  with  the  state  superintendent  of 
public  instruction  in  reference  to  the  management  of  such  institute  or  teacheis' 
training  school,  and  he  shall  carry  out  the  suggestions  of  such  state  superintend- 
ent as  to  the  modes  of  instruction.  No  salary  shall  be  paid  to  any  conductor 
or  instructor  not  previously  appointed  or  employed  as  herein  provided.  The 
money  hereby  appropriated  from  the  state  treasury  for  the  support  of  teachers' 
institutes  or  teachers'  training  schools  shall  be  paid  to  the  persons  to  whom  it 
is  due  by  warrant  of  the  state  auditor  upon  the  state  treasurer,  which  shall  be 
issued  upon  the  presentation  of  an  account  in  due  form,  verified  by  the  person  to 
whom  due,  and  approved  by  the  state  superintendent  of  public  instruction;  pro- 
vided, that  all  the  state  and  county  institute  funds  provided  by  law,  of  one  or 
more  counties  may  be  applied  to  the  support  of  a  teachers'  training  school '  for 
such  county  or  counties  at  the  request  of  the  county  superintendent  of  such  county 
or  counties  with  the  -  onsent  and  under  the  direction  of  the  state  superintendent 
of  public  instruction. 

§  1394.  Conductor  and  county  superintendent  must  file  statement 
of  number  of  schools.]  Where  a  teachers'  training  school  of  not  less  than 
three  weeks'  duration  is  held  within  or  for  any  county,  the  conductor  of  such 
training  school  and  the  county  superintendent  shall  file  a  certified  statement 
with  the  county  auditor,  specifying  the  time  and  place  of  such  teachers'  training 
school  and  the  county  superintendent  shall  certify  to  the  total  number  of  schools 
and  separate  departments  in  graded  and  high  schools  in  said  county  in  which 
school  has  been  taught  at  least  four  months  during  the  preceding  school  year. 
The  county  auditor  shall  file  a  copy  of  said  statement  with  the  county  treasurer 
who  shall  thereupon  transfer  from  the  county  general  revenue  fund  to  the  county 
institute  fund  the  sum  of  two  dollars  for  each  school  or  separate  department  in 
high  and  graded  schools  in  the  county,  as  per  specified  statement  filed  with  the 
county  auditor. 

§  1395.  Expenses  of  conductor,  assistants  and  lecturer,  how  paid.] 
The  traveling  and  other  necessary  expenses  of  institute  conductors,  assistants 
and  lecturers,  in  counties  where  a  one  week's  institute  is  held,  shall  b  paid  from 
the  institute  fund  of  the  county.  Upon  he  filing  of  an  itemized  statement, 
with  the  county  auditor  of  the  necessary  expenses  incurred  in  connect  on  with 
his  work  as  institute  conductor,  assistant  or  lecturer,  as  the  case  may  be,  duly 
verified,  and  approved  by  the  county  superintendent  of  schools,  the  county 
auditor  shall  draw  a  warrant  on  the  county  treasurer  for  the  amount  due  which 
shall  be  paid  from  the  institute  fund  of  the  county. 

§  1396.  Reading  circle  board.]  The  state  board  of  examiners  shall  be 
the  state  reading  circle  board  and  ;i>  such  shall  prescribe  the  course  of  reading 
for  the  teachers'  reading  circle  of  the  counties  of  the  state  and  sha  1  make  all 
rules  and  regulations  for  conducting  the  reading  circle  work  and  granting  of 
credit  therefor. 


STATE  OF  NORTH  DAKOTA  75 


ARTICLE  20.— FREE    TEXT  BOOKS. 

§  1397.  Power  of  board  of  education.]  The  school  board  or  board  of 
education  of  each  and  every  school  district  in  the  state  of  North  Dakota  is  hereby 
authorized  and  empowered  to  select,  adopt  and  contract  for  all  books  and  supplies 
needful  for  the  school  or  schools  under  its  charge,  and  the  said  school  board  or 
board  of  education  shall  have  power  to  purchase  the  text  books  and  supplies 
selected  or  contracted  for,  and  provide  for  the  loan  free  of  charge  or  sale  at  cost 
of  such  text  books  and  supplies  to  the  pupils  in  attendance  at  such  school  or 
schools;  provided,  that  no  adoption  or  contract  shall  be  for  a  period  to  exceed 
three  years;  provided,  further,  that  before  any  publisher  or  publishers  shall 
enter  or  attempt  to  enter  into  any  contract  with  any  school  board  or  board  of 
education  for  the  sale  of  text  books,  as  hereinbefore  provided,  they  shall  file 
with  the  superintendent  of  public  instruction  of  the  state  of  North  Dakota  a 
list  of  their  books  and  the  lowest  prices  at  or  for  which  they  will  sell  any  or  all  of 
such  books  to  any  school  board  or  board  of  education  in  the  state  of  North  Da- 
kota, and  they,  the  said  publishers,  shall  deposit  with  the  superintendent  of 
public  instruction  a  sample  copy  of  each  book  so  listed,  which  shall  represent 
in  ^tyle,  binding,  mechanical  execution,  general  make-up  and  matter,  the  book 
or  books  they  offer  to  sell  to  the  school  board  or  board  of  education  at  or  for  the 
prices  listed  and  in  no  case  shall  prices  be  raised  above  said  listed  price  as  filed. 
It  shall  be  the  duty  of  the  superintendent  of  public  instruction  to  furnish  a  certi- 
fied copy  of  the  list  of  books  and  prices  filed  in  accordance  with  the  provisions  of 
this  section  to  the  district  clerk  of  each  school  district  in  the  state  of  North 
Dakota,  through  the  office  of  the  county  superintendent. 

§  1398.  Free  text  books  provided.  When.]  Whenever  in  the  judg- 
ment of  the  board  it  is  desirable  or  necessary  to  the  welfare  of  the  schools  in  the 
district  or  to  provide  for  the  children  therein  better  school  privileges,  or  whenever 
petitioned  so  to  do  by  two-thirds  of  the  voters  of  the  district,  the  board  shall 
provide  free  text  books  and  supplies  for  all  schools  under  its  charge,  in  such  manner 
as  hereinbefore  provided.  All  books  purchased  in  accordance  with  the  provisions 
of  this  article  shall  be  paid  for  out  of  the  school  funds  of  the  respective  districts, 
and  it  shall  be  the  duty  of  school  boards  and  boards  of  education  to  see  that 
sufficient  funds  are  raised  and  set  aside  for  the  purpose  of  this  article.  The  clerk 
of  each  district  shall  also  keep  a  record  of  all  books  furnished  the  schools  in  tin- 
district. 

§  1399.  Text  books  in  districts  not  having  free  text  book  system.] 
In  any  district  which  does  not  have  the  free  text  book  system,  the  person  in  charge 
of  any  child  in  school  shall  provide  it  with  suitable  text  books,  which  shall  be 
those  adopted  by  the  school  board  and  necessary  to  its  reasonably  successful 
progress  in  class  in  all  of  the  subjects  of  study  for  the  grade  to  which  it  is  assigned 
by  its  teacher. 

ARTICLE  21— SPECIAL  PROVISIONS. 

§  MOO.  United  States  flag  to  he  displayed.]  The  school  board  or  board 
of  education  of  any  city,  town,  or  district,  is  authorized  and  required  to  pu  chase 
at  the  expense  of  the  city,  (own  or  district,  one  or  more  Hags  of  the  United  States, 
which  shall  be  displayed  in  seasonable  weather,  upon  the  school    lions  s   or   flag- 


76  GENERAL  SCHOOL  LAWS 


staff  upon  the  schoofgrounds  during  the  school  hours  of  each  day's  session  of 
school. 

§  1401.  Superintendents,  principals,  teachers  attending  the  North 
Dakota  educational  association.]  The  board  of  education  in  special  or  inde- 
pendent districts,  or  the  school  district  board  in  any  common  school 
district  is  hereby  authorized  to  allow  the  superintendent,  principal  or  teachers 
of  the  schools  under  its  charge,  to  attend,  without  loss  of  salary,  any  meeting 
of  the  North  Dakota  or  other  educational  association  which  may  be  held  within 
this  state  while  the  schools  of  such  district  are  in  session. 

§  1402.  Free  kindergartens  may  be  established,  cost,  how  paid, 
government.  Duty  of  superintendent  of  public  instruction.]  The 
school  board  of  any  school  district  in  the  state,  upon  a  petition  signed  by  a  ma- 
jority of  the  legal  voters  in  the  district,  shall  establish  and  maintain  free  kinder- 
gartens in  connection  with  the  public  schools  of  said  district,  for  the  instruction 
of  children  between  four  and  six  years  of  age,  residing  in  said  district:  provided, 
that  in  cities  of  over  five  thousand  inhabitants  such  board  shall  establish  and 
maintain  such  kindergarten  upon  petition  of  one-fifth  of  the  legal  voters;  and 
shall  establish  such  course  of  training,  study  and  discipline  and  such  other  rules 
and  regulations  governing  such  preparatory  or  kindergarten  schools  as  said 
board  may  deem  best;  provided,  that  nothing  in  this  act  shall  be  construed  to 
change  the  law  relating  to  the  taking  of  the  census  of  the  school  population  or 
of  the  apportionment  of  the  state  or  county  school  funds  among  the  several 
counties  and  districts  in  the  state;  piovided,  further,  that  the  cost  of  establishing 
and  maintaining  such  kindergartens  may  be  paid  from  the  school  funds  of  said 
district  raised  by  direct  taxation  for  such  purpose,  and  the  said  kindergartens 
shall  be  a  part  of  the  public  school  system,  and  governed  as  far  as  practicable, 
in  the  same  manner  and  by  the  same  officers  as  are  provided  by  law  for  the 
government  of  the  other  public  schools  of  the  state;  provided,  further,  that  no 
person  shall  be  employed  as  a  teacher  in  such  kindergarten  schools  who  has  not 
passed  a  satisfactory  examination  in  such  subjects  as  the  state  examining  board 
shall  require.  The  state  examining  board  shall  adopt  rules  governing  the  exam- 
ination of  kindergarten  teachers,  and  shall  furnish  county  superintendents  with 
examination  questions  and  the  examination  shall  be  held  in  the  manner  provided 
by  law  for  the  examination  of  teachers  in  the  public  schools;  provided,  further, 
that  any  person  who  shall  complete  the  course  of  training  for  kindergarten  teachers 
at  the  state  normal  schools  shall  be  entitled  to  teach  in  the  kindergarten  schools 
of  this  state  without  examinations. 

§  1403.  Health  and  decency.]  It  shall  be  the  duty  of  all  boards  of  edu- 
cation and  school  boards  in  this  state  to  provide  suitable  and  convenient  water 
closets  or  privies  for  each  of  the  schools  under  their  charge,  at  least  two  in  number 
which  shall  be  entirely  separate,  each  from  the  other,  and  having  separate  means 
of  access;  and  it  shall  be  the  duty  of  the  school  officers  aforesaid  to  keep  the  same 
in  a  clean,  chaste  and  wholesome  condition;  and  a  failure  to  comply  with  the  pro- 
visions of  this  article  on  the  part  of  any  board  of  education  or  school  board, 
shall  be  sufficient  grounds  for  removal  from  office  and  for  withholding  from  any 
district  any  part  of  the  county  tuition  fund. 


STATE  OF  NORTH  DAKOTA  77 


ARTICLE  22.— CHILD  LABOR. 

§  1404.  Unlawful  to  employ  children  under  fourteen  years.]  No 
child  under  fourteen  years  of  age  shall  be  employed,  permitted  or  suffered  to  work 
in  or  in  connection  with  any  mine,  factory,  workshop,  mercantile  establishment, 
store,  business  office,  telegraph  office,  restaurant,  hotel,  apartment  house  or  in 
the  distribution  or  transmission  of  merchandise  or  messages.  It  shall  be  un- 
lawful for  any  person,  firm  or  corporation  to  employ  any  child  under  fourteen 
years  of  age  in  any  business  or  service  whatever,  during  the  hours  when  the 
public  schools  of  the  district  in  which  the  child  resides  are  in  session. 

§  1405.  Employment  of  child  under  sixteen  years.]  No  child  between 
fourteen  and  sixteen  years  of  age  shall  be  employed,  permitted  or  suffered  to  work 
in  any  mine,  factory,  workshop  or  mercantile  establishment  unless  the  person 
or  corporation  employing  him  procures  and  keeps  on  file,  and  accessible  to  the 
superintendent  of  schools  of  the  city  or  village,  if  one  is  employed,  otherwise, 
to  the  clerk  of  the  school  board  or  board  of  education,  an  employment  certificate 
as  hereinafter  prescribed,  and  keeps  two  complete  lists  of  all  such  children  employed 
therein,  one  on  file  and  one  conspicuously  posted  near  the  principal  entrance  of 
the  building  in  which  such  child  is  employed.  On  termination  of  the  employ- 
ment of  a  child  so  registered  and  whose  certificate  is  so  filed,  such  certificate  shall 
be  forthwith  surrendered  by  the  employer  to  the  child  or  its  parent,  or  guardian 
or  custodian.  The  superintendent  of  schools  or  clerk  of  the  school  board  or 
board  of  education,  as  the  case  may  be,  may  make  demand  on  an  employer  in 
whose  factory  a  child  apparently  under  the  age  of  sixteen  years  is  employed  or 
permitted  or  suffered  to  work  and  whose  employment  certificate  is  not  then  filed 
as  required  by  this  act,  that  such  employer  shall  either  furnish  him  within 
ten  days  evidence  satisfactory  to  him  that  such  child  is  in  fact  over  sixteen  years 
of  age,  or  shall  cease  to  employ  or  permit  or  suffer  such  child  to  work  in  such 
factory.  The  superintendent  of  schools  of  the  city  or  village  or  clerk  of  the  school 
board  or  board  of  education  may  require  from  such  employer  the  same  evidence 
of  age  of  such  child  as  is  required  on  the  issuance  of  an  employment  certificate; 
and  the  employer  furnishing  such  evidence  shall  not  be  required  to  furnish  any 
further  evidence  of  the  age  of  the  child.  In  case  such  employer  shall  fail  to  pro- 
duce and  deliver  to  the  superintendent  of  schools  of  the  city  or  village  or  the  clerk 
of  the  school  board  or  board  of  education,  as  the  case  may  be,  within  ten  days 
after  such  demand,  such  evidence  of  age  herein  required  by  him,  and  shall  there- 
after continue  to  employ  such  child  or  permit  or  suffer  such  child  to  work  in  such 
factory,  proof  of  the  giving  of  such  notice  and  of  such  failure  to  produce  and  file 
such  evidence  shall  be  prima  facie  evidence  in  any  prosecution  brought  for  a 
violation  of  this  act  that  such  child  is  under  sixteen  years  of  age  and  is  unlawfully 
employed. 

§  1406.  Who  authorized  to  issue  employment  certificates.]  The 
superintendent  of  schools  of  the  city  or  village,  if  one  is  employed,  and  if  not, 
then  the  clerk  of  the  school  board  or  board  of  education,  is  hereby  authorized  to 
issue  an  employment  certificate  in  writing,  such  certificate  is  to  be  issued  upon 
the  evidence  prescribed  in  section  four  of  this  act;  provided,  that  no  employment 
certificate  shall  be  issued  for  any  child  then  in  or  about  to  enter  his  own  employ- 
ment or  the  employment  of  a  firm  or  corporation  of  which  he  is  a  member,  officer 
or  employee. 


7s  GENERAL  SCHOOL   LAWS 


§  1407.  Employment  certificate,  on  what  issued.)  The  person  author- 
ized to  issue  employment  certificate  shall  not  issue  such  certificate  until  he  has 
received,  examined,  approved  and  filed  the  following  papers  duly  executed: 

1.  The  school  record  of  such  child  properly  filled  out  and  signed  as  provided 
in  this  act 

2.  A  passport  or  duly  attested  transcript  of  the  certificate  of  birth  or  bap- 
tism or  other  religious  record,  showing  the  date  and  plac?  of  birlh  of  such  child. 
A  duly  attested  transcript  of  the  birth  certificate  filed  according  to  law  with  a 
registrar  of  vital  statistics,  or  other  officer  charged  with  the  duty  of  recording 
births,  shall  be  conclusive  evidence  of  the  age  of  such  child. 

3.  The  affidavit  of  the  parent  or  guardian  or  custodian  of  a  child,  which 
shall  be  required,  however,  only  in  case  such  last  mentioned  transcript  of  the 
certificate  of  birth  be  not  produced  and  filed,  showing  the  place  and  date  of  birth 
of  such  child,  which  affidavit  must  be  taken  before  the  officer  issuing  the  employ- 
ment certificate,  who  is  hereby  authorized  and  required  to  administer  such  oath, 
and  who  shall  not  demand  or  receive  a  fee  therefor.  Such  employment  certificate 
shall  not  be  issued  until  such  child  has  personally  appeared  before  and  been  ex- 
amined by  the  officer  issuing  the  certificate,  and  until  such  officer  shall,  after 
making  such  examination,  sign  and  file  in  his  office  a  statement  that  the  child 
can  read  and  legibly  write  simple  sentences  in  the  English  language  and  that  in 
his  opinion  the  child  is  fourteen  years  of  age  or  upwards,  and  has  reached  the 
normal  development  of  a  child  of  its  age,  and  is  in  sound  health  and  is  physically 
able  to  perform  the  work  which  it  intends  to  do.  In  doubtful  cases  such  physical 
fitness  shall  be  determined  by  a  medical  officer  of  the  board  or  department  of 
health.  Every  such  employment  certificate  shall  be  signed,  in  the  presence  of 
the  officer  issuing  the  same,  by  the  child  in  whose  name  it  is  issued. 

§  1408.  Contents  of  certificates.]  Such  certificates  shall  state  the  date 
and  place  of  birth  of  the  child  and  describe  the  color  of  the  hair  and  eyes,  the 
height  and  weight  and  any  distinguishing  marks  of  such  child,  and  that  the  papers 
required  by  the  preceding  section  have  been  duly  examined,  approved  and  filed 
and  that  the  child  named  in  such  certificate  has  appeared  before  the  officer 
signing  the  certificate  and  been  examined. 

§  1409.  School  record,  what  to  contain.]  The  school  record  required  by 
this  act  shall  be  signed  by  the  principal  or  chief  executive  officer  of  the  school 
which  such  child  has  attended  and  shall  be  furnished,  on  demand,  to  a  child  en- 
titled thereto.  It  shall  contain  a  statement  certifying  that  the  child  has  regu- 
larly attended  the  public  schools  or  schools  equivalent  thereto  or  parochial 
schools  for  not  less  than  one  hundred  and  twenty  days  during  the  school  year 
previous  to  his  arriving  at  the  age  of  fourteen  years  or  during  the  year  previous 
to  applying  for  such  school  record  and  is  able  to  read  and  write  simple  sentences 
in  the  English  language  and  has  received  during  such  period  instruction  in  reading, 
spelling,  writing,  English  grammar  and  geography  and  is  familiar  with  the  funda- 
mental operations  of  arithmetic  up  to  and  including  fractions.  Such  school 
record  shall  also  give  the  age  and  residence  of  the  child  as  shown  on  the  records 
of  the  school  and  the  name  of  its  parent,  guardian  or  custodian. 

§  1410.  Hours  of  labor.]  No  person  under  the  age  of  sixteen  years  shall 
be  employed  or  suffered  or  permitted  to  work  at  any  gainful  occupation  more 
than  forty-eight  hours  in  any  one  week,  nor  more  than  eight  hours  in  any  one 
day;  or  before  the  hour   of    seven  o'clock  in  the  morning  or  after  the  hour  of 


STATE  OF  NORTH  DAKOTA  79 


seven  o'clock  in  the  evening.  Every  employer  shall  post  in  a  conspicuous  place 
in  every  room  where  such  minors  are  employed  a  printed  notice  stating  the  hours 
required  of  them  each  day  of  the  week,  the  hours  of  commencing  and  stopping 
work  and  the  hours  when  the  time  or  times  allowed  for  dinner  or  for  other  meals 
begin  and  end.  The  printed  form  of  such  notice  shall  he  furnished  by  the  super- 
intendent of  schools  of  the  city  or  village,  or  the  clerk  of  the  school  board  or  board 
of  education,  and  the  employment  of  any  minor  for  longer  times  in  any  day  so 
stated  shall  be  deemed  a  violation  of  this  section. 

§  1411.  Peace  officers  to  inspect  places  of  work.]  Peace  officers  may 
visit  mines,  factories,  workshops  and  mercantile  establishments  in  their  several 
towns  and  cities  and  ascertain  whether  any  minors  are  employed  therein  con- 
trary to  the  provisions  of  this  act;  and  it  shall  be  their  duty  to  report  any  cases 
of  such  illegal  employment  to  the  school  board  or  board  of  education.  Such 
officer  may  require  that  the  employment  certificates  and  lists  provided  for  in  this 
act  of  minors  employed  in  such  factories,  mines,  workshops  or  mercantile  estab- 
lishments shall  be  produced  for  their  inspection.  Complaints  for  offenses  under 
this  act  may  be  made  by  such  peace  officer  or  by  any  other  person  cognizant  of 
the    facts. 

§  1412.  Employments.]  No  child  under  the  age  of  sixteen  years  shall  be 
employed  at  sewing  belts,  or  to  assist  in  sewing  belts,  in  any  capacity  whatever; 
nor  shall  any  child  adjust  any  belt  to  any  machinery,  they  shall  not  oil  or  assist 
in  oiling,  wiping  or  cleaning  machinery;  they  shall  not  operate  or  assist  in  operat- 
ing circular  or  band  saws,  wood  shapers,  wood-joiners,  planers,  sand-paper  or 
wood  polishing  machinery,  emery  or  polishing  wheels  used  foi  polishing  metal, 
wood-turning,  or  boring  machinery,  stamping  machines  in  sheet  metal  and  tin- 
ware manufactiurng,  stamping  machines  in  washer  and  nut  factories,  operating 
corrugating  rolls,  such  as  are  used  in  roofing  factories,  nor  shall  they  be  employed 
in  operating  any  steam  boiler,  steam  machinery,  or  other  steam  generating  appar- 
atus, or  as  pin  boys  in  any  bowling  alleys;  they  shall  not  operate  or  assist  in 
operating  dough  brakes,  or  cracker  machinery  of  any  description;  wiie  or  iron 
straightening  machinery;  nor  shall  they  operate  or  assist  in  operating  rolling  mill 
machinery,  punches  or  shears,  washing,  grinding  or  mixing  mill  or  calendar  rolls 
in  rubber  manufacturing;  nor  shall  they  operate  or  assist  in  operating  laundry 
machinery;  nor  shall  children  be  employed  in  any  capacity  in  preparing  any 
composition  in  which  dangerous  or  poisonous  acids  are  used,  and  they  shall  not 
be  employed  in  any  capacity  in  the  manufacture  of  paints,  colors  or  white  lead; 
nor  shall  they  he  employed  in  any  capacity  whatever  in  operating  or  assisting 
to  operate  any  passenger  or  freight  elevator;  nor  shall  they  be  empolyed  in  any 
capacity  whatever  in  the  manufacture  of  goods  for  immoral  purposes,  or  any 
other  employment  that  may  be  considered  dangerous  to  their  lives  or  limbs,  or 
where  their  health  may  be  injured,  or  morals  depraved;  nor  in  any  theatre,  con- 
cert hall,  or  place  of  amusement  wherein  intoxicating  liquors  are  sold;  nor  shall 
females  under  the  age  of  sixteen  yea"rs  of  age  be  employed  in  any  capacity  where 
such  employment  compels  them   to  remain  standing  constantly. 

§  1413.  Penalty  for  violation  of  this  \<i.|  Each  owner,  superintendent, 
manager  or  overseer  of  any  mine,  factory,  workshop  or  mercantile  establish- 
ment, and  any  other  persoil  who  shall  employ  any  child  contrary  to  the  provisions 
of  this  act  or  who  shall  in  any  manner  violate  the  provisions  thereof,  shall  be 
deemed   guilty   of  a    misdemea nor,   and    upon   conviction   thereof  shall   he   lined   for 


80  GENERAL  SCHOOL  LAWS 


each  offense  in  a  sum  not  less  than  twenty  dollars  nor  more  than  fifty  dollars 
and  costs.  Each  person  authorized  to  sign  a  certificate  as  prescribed  in  the  pre- 
ceding section  who  certifies  to  any  material  false  statement  therein  shall  be 
deemed  guilty  of  a  misdemeanor,  and  upon  conviction  thereof,  shall  be  fined 
not  less  than  twenty  dollars  nor  more  than  fifty  dollars  and  costs. 

§  1414.  Prosecution,  how  brought.]  Prosecutions  under  this  act  shall 
be  brought  in  the  name  of  the  state  of  North  Dakota  before  any  court  of  competent 
jurisdiction,  and  the  fines  collected  shall  be  paid  over  to  the  county  treasurer 
and  by  him  credited  to  the  school  funds  of  the  state. 

ARTICLE   23.— MAINTENANCE   OF   EDUCATIONAL   INSTITUTIONS. 

§  1415.  Free  public  schools.]  The  state  university  and  school  of  mines 
at  Grand  Forks,  the  agricultural  college  at  Fargo,  the  state  normal  school  at 
Valley  City,  the  state  normal  school  at  May  ville,  the  state  normal  school  at  Minot, 
the  school  for  the  deaf  and  dumb  at  Devils  Lake,  the  school  of  forestry  at  Bot- 
tineau, the  North '  Dakota  academy  of  science  at  Wahpeton,  and  the  normal 
industrial  school  at  Ellendale,  and  all  other  schools  heretofore  established  by 
law  and  maintained  by  taxation,  constitutes  the  system  of  "free  public  schools" 
of  the  state. 

§  1416.  Maintenance  of  state  educational  institutions.]  For  the 
purpose  of  providing  for  the  maintenance  of  the  state  university  and  school  of 
mines  at  Grand  Forks,  the  agricultural  college  at  Fargo,  the  state  normal  school 
at  Valley  City,  the  state  normal  school  at  Mayville,  the  state  normal  school  at 
Minot,  the  school  for  the  deaf  and  dumb  at  Devils  Lake,  the  school  of  forestry 
at  Bottineau,  the  North  Dakota  academy  of  science  at  Wahpeton,  the  normal 
and  industrial  school  at  Ellendale,  as  a  part  of  the  public  school  system  of  this 
state,  there  is  hereby  levied  upon  all  taxable  property  in  the  state,  real  and  per- 
sonal, an  annual  tax  of  $347,880. 
§     1417.     (Repealed.) 

§  1418.  Taxes,  how  apportioned.]  Such  taxes  so  levied  shall  be  appor- 
tioned by  the  state  treasurer  to  the  several  institutions  herein  mentioned  as 
follows: 

$102,720  to  the  state  university  and  school  of  mines  at  Grand  Forks; 

$61,800  to  the  agricultural  college  at  Fargo; 

$41,580  to  the  state  normal  school  at  Minot; 

$46,200  to  the  state  normal  school  at  Valley  City; 

$36,960  to  the  state  normal  school  at  Mayville; 

$18,480  to  the  school  for  the  deaf  and  dumb  at  Devils  Lake; 

$6,180  to  the  school  of  forestry  at  Bottineau; 

$21,600  to  the  normal  and  industrial  school  at  Ellendale; 

$12,360  to  the  school  of  science  at  Wahpeton;  provided,  that  all  moneys 
hereafter  collected  pursuant  hereto  shall  be  apportioned  as  herein  provided. 

§  1419.  Moneys,  how  appropriated.]  The  moneys  collected  from  the  taxes 
hereinbefore  levied  are  hereby  appropriated  for  the  maintenance  of  the  state 
university  and  school  of  mines  at  Grand  Forks,  the  agricultural  college  at  Fargo, 
the  state  normal  school  at  Valley  City,  the  state  normal  school  at  Mayville,  the 
state  normal  school  at  Minot,  the  school  for  the  deaf  and  dumb  at  Devils  Lake, 
the  academy  of  science  at  Wahpeton,  the  school  of  forestry  at  Bottineau,  and  the 


STATE  OF  NOETH  DAKOTA  81 


normal  and  industrial  school  at  Ellendale,  the  same  to  be  paid  in  twelve  monthly 
installments  to  the  board  of  trustees  of  the  several  institutions  herein  mentioned 
and  in  proportion  as  herein  provided,  upon  the  vouchers  of  said  board  signed  by 
their  respective  presidents.  The  moneys  herein  appropriated  shall  be  used  only 
for  the  payment  of  the  expense  of  maintenance  of  the  several  institutions  specified, 
it  being  the  intent  hereby  to  set  aside  and  repeal  the  mill  tax  and  to  substitute 
in  lieu  thereof  a  specific  standing  appropriation  in  addition  to  the  appropriation 
appearing  in  the  general  appropriation  act  enacted  by  the  legislative  assembly. 

§  1420.  Funds,  when  paid  over.]  All  moneys  received  as  interest,  all 
moneys  received  for  rents,  for  penalties,  for  permits,  and  all  moneys  received 
from  any  other  source  from  the  respective  lands  of  the  different  educational 
institutions  hereinafter  mentioned  (except  moneys  received  as  principal  from 
the  sale  of  lands  belonging  to  the  agricultural  college,  lands  belonging  to  the 
state  university  and  school  of  mines,  lands  belonging  to  the  two  normal  schools, 
lands  belonging  to  the  normal  and  industrial  school),  shall  be  paid  over  to  the 
respective  treasurers  of  the  educational  institutions  above  mentioned,  by  the 
state  auditor  on  the  first  day  of  January,  April,  July  and  October  in  each  year. 
The  funds  herein  referred  to  shall  be  subject  to  the  order  of  the  respective 
boards  of  trustees  of  each  institution  hereinbefore  mentioned  and  shall  be  used 
for  the   maintenance  of  such  institutions   respectively. 

ARTICLE  24.— CERTAIN  ACTS  LEGALIZED. 

§  1421.  Acts  legalized.]  Where  the  officers  of  any  incorporated  city, 
village  or  school  district  of  this  state  shall  have  incurred  indebtedness  and  issued 
warrants  or  orders  for  the  erection,  purchase,  repair  or  maintenance,  within  and 
for  said  city,  village  or  school  district  for  school  or  other  buildings,  or  water 
works,  gas  or  electric  light  plants,  public  wells,  cisterns,  fire  apparatus,  or  legiti- 
mate corporate  purposes  for  said  city,  village  or  school  district,  or  to  pay  for  or 
to  raise  money  for  any  such  purpose,  and  said  warrants  or  orders  are  outstanding, 
or  held  in  the  general  revenue  or  other  funds  of  said  city,  village  or  school  district, 
in  any  or  all  such  cases  where  said  warrants  or  orders  are  within  the  debt 
limit,  the  same  arc  hereby  legalized  and  are  declared  to  be  the  valid  indebtedness 
of  such  city,  village  or  school  district,  and  in  every  case  where  the  city  council 
or  city  commissioners,  village  board  of  trustees,  school  board  or  board  of  edu- 
cation thereof  shall  have  heretofore  or  shall  hereafter  determine  by  resolution 
or  ordinance,  that  it  was  or  is  for  the  best  interests  of  the  city,  village  or  school 
district  to  issue  its  negotiable  bonds  in  the  name  of  the  city  village  or  school 
district  for  the  sole  purpose  of  funding  such  indebtedness,  and  shall  have  been 
or  shall  be  authorized  to  issue  such  bonds,  by  a  majority  vote  of  the  qualified 
electors  of  such  city,  village  or  school  district,  voting  thereon  at  any  regular  or 
special  election  legally  called  and  held  after  public  notice  thereof  as  required  by 
law,  and  if  such  bond  shall  have  been  or  shall  be  executed,  sold  and  delivered  for 
value,  and  the  proceeds  arising  from  such  sale  shall  have  been  or  shall  be  applied 
exclusively  to  the  express  purpose  of  funding  such  warrants  or  orders,  then  in 
every  ease  such  bonds  whether  engraved,  lithographed  or  printed  on  bond  paper, 
shall,  when  executed,  sold  and  delivered  as  provided  by  law,  be  deemed,  and 
hereby  are  declared  to  be  valid  and  subsisting  indebtedness  of  the  city,  village 
or  school  district  issuing  the  same. 


82  (iKNERAL  SCHOOL  LAWS 


§  1422.  Pending  actions  not  affected.  Debt  limit.]  This  act  shall 
not  affect  any  actions  now  pending  in  which  the  validity  of  any  such  warrants, 
orders,  bonds  or  indebtedness  is  called  in  question;  providing,  however,  that 
the  issue  of  such  bonds  shall  not  be  construed  to  be  an  increase  of  the  indebtedness 
of  the  municipality  and  the  proceeds  of  sales  of  such  bonds  shall  be  applied  exclu- 
sively towards  the  discharge  of  the  indebtedness  of  such  city,  village  or  school 
district  referred  to  in  section  1421  of  this  act. 

STATE  BOARD  OF  EDUCATION. 

§  1423.  The  board  and  membership.]  There  is  hereby  created  a  state 
Board  of  Education,  to  be  composed  of  the  president  of  the  university,  president 
of  the  agricultural  college,  the  state  superintendent  of  public  instruction,  the 
state  inspector  of  graded  and  rural  schools,  the  state  high  school  inspector,  each 
ex-officio,  and  a  state  normal  school  president,  to  be  designated  by  the  governor 
of  the  state  from  the  normal  schools  in  the  order  of  the  establishment  of  the  insti- 
tutions which  they  represent,  and  an  industrial  school  president,  to  be 
designated  by  the  governor  of  the  state  from  the  industrial  schools,  in  the  order 
of  the  establishment  of  the  institutions  which  they  represent,  a  county  superin- 
tendent of  schools,  and  a  male  citizen  who  is  not  connected  with  the  educational 
system,  each  to  be  designated  by  the  governor. 

§  1424.  Appointment  and  terms.]  The  governor  shall  appoint  by  the 
advice  and  consent  of  the  senate,  during  the  thirteenth  legislative  assembly, 
a  normal  school  president,  an  industrial  school  president,  a  county  superin- 
tendent, and  a  male  citizen,  as  members  of  the  State  Board  of  Education,  for  a 
term  from  July  1,  1913,  to  the  first  Tuesday  in  April,  1915,  and  thereafter  during 
the  session  of  the  legislative  assembly,  for  a  term  of  two  years  from  the  first 
Tuesday  in  April  of  each  odd  numbered  year.  No  normal  school  or  industrial 
school  shall  be  represented  a  second  time  on  the  State  Board  of  Education  by  its 
president  until  each  normal  school  and  each  industrial  school  has  been  repre- 
sented on  the  State  Board  of  Education  by  its  president. 

§  1425.  Compensation.]  The  members  of  the  State  Board  of  Education 
not  receiving  salaries  from  the  state,  county,  or  state  institutions,  shall  receive 
three  dollars  for  each  day  employed,  and  all  members  of  the  board  shall  receive 
the  actual  and  necessary  expenses  incurred  in  attending  meetings  of  the  board 
and  in  the  performance  of  all  duties  in  connection  therewith,  which  shall  be  paid 
out  of  the  state  treasury  on  the  voucher  of  the  board,  as  provided  by  law. 

§  1426.  Meetings.]  The  board  shall  hold  six  regular  meetings,  one  in 
each  of  the  months  of  July,  September,  November,  January,  March  and  May  of 
each  year,  and  all  such  meetings  shall  be  held  at  one  of  the  state  educational 
institutions,  at  the  state  capitol,  or  at  such  place  as  the  board  may  determine. 
The  board  may  hold,  at  its  discretion,  special  meetings,  of  which  due  notice 
stating  special  purposes  shall  be  given,  and  which  may  be  held  at  any  place 
within  the  state,  but  it  shall  not  meet  to  exceed  twelve  times  a  year.  The  state 
superintendent  of  public  instruction  shall  be  the  president  of  the  board,  and  his 
deputy  shall  be  secretary  with  such  compensation  as  the  board  may  determine. 

§  1427.  Powers  and  duties.]  The  duties  of  the  State  Board  of  Examiners 
established  for  the  purpose  of  granting  certificates  to  persons  desirous  of  teaching 
in  the  state  of  North  Dakota,  as   provided  for  in  Chapter  266  of  the  Session  Laws 


STATE  OK  NORTH  DAKOTA  83 


of  1911,  Sections  246,  247,  248,  249,  250,  251,  252,  253,  254,  255,  256,  257,  258, 
259,  260,  261,  262,  263,  264,  265  and  266,  are  hereby  made  a  part  of  the  duties 
of  the  State  Board  of  Education,  and  all  authority  and  powers  granted  to  the 
said  Board  of  Examiners  are  hereby  transferred  and  made  a  part  of  the  duties  of 
the  State  Board  of  Education.  The  State  Board  of  Education  is  further  author- 
ized to  establish  such  rules  as  may  be  found  necessary  to  secure  uniformity  and 
best  results  among  the  schools  receiving  state  aid,  as  rural,  graded  or  consolidated 
schools,  as  provided  in  Chapter  35  of  the  Session  Laws  of  1911.  The  duties  of 
the  state  agricultural  and  training  school  board,  as  defined  in  Chapter  265  of  the 
general  laws  of  1911,  are  hereby  transferred  to  the  State  Board  of  Education, 
and  made  a  part  of  its  duties.  The  duties  of  the  state  high  school  board,  as  de- 
fined in  Chapter  267  of  the  Session  Laws  of  1911,  are  also  hereby  transferred  to 
the  State  Board  of  Education,  and  made  a  part  of  its  duties.  The  rules  and  regu- 
lations for 'classification  of  state,  rural,  graded  and  consolidated  schools,  as  pro- 
vided for  by  law,  shall  be  made  by  the  State  Board  of  Education.  Provided,  also, 
that  the  classification  of  those  schools  and  apportioning  of  the  funds,  as  provided 
by  law,  shall  be  under  the  control  of  the  State  Board  of  Education,  and  it  shall 
perform  such  other  functions  as  the  legislature  may  from  time  to  time  confer 
upon  it. 

§  1428.  Visitations  and  inspections.]  The  State  Board  of  Education, 
or  their  representatives  or  inspectors,  may  visit,  examine  into  and  inspect  any 
educational  institution  under  the  supervision  of  the  state,  and  may  require  as 
often  as  desired  duly  verified  reports  therefrom,  giving  such  information  in  such 
form  as  the  superintendent  of  public  instruction  or  the  Board  of  Education  may 
prescribe. 

§  1429.  Appointment  by  superintendent  of  public  instruction.]  The 
superintendent  of  public  instruction  shall  appoint  the  deputy  superintendent  of 
public  instruction,  state  consolidated,  graded  and  rural  school  inspectors  or  as- 
sistants, high  school  inspectors,  clerks  and  others  in  the  office  of  the  superintendent 
of  public  instruction  provided  by  law. 

HIGH  SCHOOL  AID. 

§  1430.  State  Board  or  Education.  Powers.]  The  State  Board  of 
Education  shall  have  general  supervision  over  secondary  education  in  the  state, 
and  shall  perform  the  duties  and  have  and  exercise  the  powers  hereinafter  men- 
tioned. 

§  1431.  Schools  classified.]  Any  public  graded  school  in  any  city  or 
incorporated  village  or  township,  organized  into  a  district,  under  the  township 
or  district  system,  which  shall  give  instruction  according  to  the  terms  and  pro- 
visions of  this  act,  and  shall  admit  pupils  of  cither  sex  from  any  part  of  the  state 
without  charge  for  tuition  in  the  secondary  school  or  high  school  department, 
shall  be  entitled  to  be  classified  as  a  state  high  school,  and  to  receive  pecuniary 
aid  as  hereinafter  specified;  provided,  however,  that  no  such  school  shall  be  re- 
quired to  admit  non-resident  pupils  unless  they  pass  an  examination  in  orthog- 
raphy, reading  ih  English,  penmanship,  arithmetic,  language  and  grammar, 
modern  geography  and  the  history  of  the  United  States;  provided,  however, 
that  in  case  of  state  high  schools  having  an  agricultural  department,  pupils  pur- 
suing courses  in  said  department  shall  be  admitted  into  the  seventh  and  eighth 
grades,  and  secondary  school  department  without  charge  for  tuition. 


84  GENERAL  SCHOOL  LAWS 


§  1432.  Requirements  for  classification.]  The  said  board  shall  require 
of  the  schools  applying  for  such  pecuniary  aid  compliance  with  the  following 
conditions,  to- wit: 

1.  That  there  shall  be  adequate  school  buildings  conforming  to  modern  ap- 
proved ideas  respecting  heating,  lighting,  ventilation  and  sanitation,  and  under 
no  circumstances  shall  aid  be  given  to  or  continued  when  the  board  of  education 
fails  to  or  refuses  to  comply  with  reasonable  requirements  of  this  character. 

2.  That  theie  shall  be  regular  and  orderly  courses  of  study  in  the  eight  grades 
of  the  elementary  school,  together  with  all  subjects  prescribed  by  the  said  board 
for  the  first  two  years  of  the  secondary  school  curriculum. 

3.  That  the  said  secondary  school  receiving  pecuniary  aid  under  this  article 
shall  at  all  times  permit  members  of  the  state  board  of  education,  or  anyone 
appointed  by  said  board,  to  visit  and  examine  the  classes  pursuing  said  elementary 
and  secondary  school  courses,  and  make  recommendations  concerning  the  con- 
duct of  such  school. 

§  1433.  High  school  inspector.  How  appointed.  Salary  and  ex- 
penses. Schools  to  receive  state  aid.  Appropriations.]  The  state  board 
of  education  shall  appoint  a  high  school  inspector,  upon  the  nomination  of  the 
superintendent  of  public  instruction,  who  shall  be  a  graduate  of  a  college  or  a 
university  of  recognized  standards,  and  shall  have  had  five  years  of  successful 
experience  either  as  principal  of  a  high  school  or  superintendent  of  city  schools 
in  North  Dakota.  The  board  shall  prescribe  his  duties.  His  term  of  office 
shall  be  two  years,  provided  that  the  inspector  appointed  in  1911  shall  hold  office 
for  two  years  from  July  1,  1911.  The  yearly  salary  of  said  inspector  shall  not 
exceed  two  thousand  dollars,  as  may  be  fixed  by  the  state  board  of  education. 
Such  salary  shall  be  payable  monthly  on  warrant  of  the  state  auditor  from  the 
general  fund  of  the  state.  It  shall  be  the  duty  of  the  secretary  of  the  state  board 
of  education  to  notify  the  state  auditor,  prior  to  July  1st  of  each  year,  the  amount 
of  salary  which  has  been  fixed  for  the  biennial  period. 

The  state  high  school  inspector  shall  receive  his  actual  and  necessary  expenses 
incurred  in  the  discharge  of  his  official  duties;  such  duties  under  the  direction 
of  the  state  board  of  education  may  take  him  outside  of  the  state  of  North  Dakota, 
and  in  such  cases  all  his  actual  and  necessary  expenses  shall  be  paid.  These 
expenses,  which  shall  not  exceed  twelve  hundred  (.$1200)  dollars  in  any  given 
year,  shall  be  paid  from  the  general  fund  of  the  state  upon  itemized  vouchers 
properly  approved. 

The  said  state  high  school  inspector,  under  the  direction  of  the  state  board  of 
education,  shall  carefully  inspect  the  instruction,  discipline  and  all  conditions  af- 
fecting the  efficiency  of  the  high  schools  of  the  state  receiving  aid  under  this  arti- 
cle, and  make  a  written  report  on  the  same;  provided,  that  no  money  shall  be  paid 
in  any  cases  until  such  report  shall  have  been  received,  examined  and  the  work 
of  the  school  approved  by  the  board.  The  said  board  shall  receive  applications 
from  such  schools  for  aid  as  hereinafter  provided,  which  applications  shall  be 
received  and  acted  upon  in  the  order  of  their  reception.  The  said  board  shall 
apportion  to  each  of  said  schools,  which  shall  have  fully  complied  with  the  pro- 
visions of  this  article,  and  whose  applications  shall  have  been  approved  by  the 
board,  the  following  sum,  to-wit:  two  thousand  five  hundred  dollars  annually 
to  each  of  the  five  schools  already  designated,  having  an  agricultural,  manual 
training  and  domestic  economy  department;     eight  hundred  dollars  each  year 


STATE  OF  NORTH  DAKOTA  85 


to  each  school  maintaining  a  four  year  high  school  curriculum  and  doing  four 
years  of  high  school  work;  the  sum  of  five  hundred  dollars  each  year  to  each  school 
having  a  three-year  high  school  curriculum  and  doing  three  years  of  high  school 
work;  and  the  sum  of  three  hundred  dollars  each  year  to  each  school  having  a 
two-year  high  school  curriculum  and  doing  two  years  of  high  school  work;  (and 
two  hundred  dollars  to  schools  doing  one  year  high  school  work  where  two  or 
more  teachers  are  employed;)  provided  that  the  moneys  so  apportioned  to  any 
high  school  shall  be  used  to  increase  the  efficiency  of  high  school  work;  provided, 
further,  that  the  total  amount  of  apportionment,  expenses  and  salary  under  this 
act,  except  salary  and  expenses  of  the  inspector  provided  for  above,  shall  not 
exceed  eighty  five  thousand  dollars  annually.  The  sum  of  eighty-five  thousand 
dollars,  is  hereby  appropriated  annually  for  the  purpose  of  this  act,  to  be  paid 
out  of  any  moneys  in  the  state  treasury  not  otherwise  appropriated,  which  amount, 
or  so  much  thereof  as  may  be  necessary,  shall  be  paid  upon  the  itemized  vouchers 
of  said  board,  duly  certified  and  filed  with  the  state  auditor;  provided  that  in 
case  the  amount  appropriated  and  available  under  this  article  for  the  payment 
of  aid  to  such  schools  shall  in  any  year  be  insufficient  to  apportion  each  of  such 
schools  as  are  entitled  thereto  the  full  amount  intended  to  be  apportioned  to  the 
high  schools  of  the  various  classes,  then,  in  such  case,  two  thousand  five  hundred 
dollars  shall  be  apportioned  to  each  of  the  five  schools  having  an  agricultural, 
manual  training  and  domestic  economy  department,  and  the  remainder  of  such 
amount  as  is  appropriated  and  available  shall  be  apportioned  pro  rata  among 
the  schools  entitled  thereto;  provided,  further,  that  with  the  approval  of  the  state 
board  of  education,  the  money  appropriated  by  the  state  to  the  high  schools 
designated  to  maintain  departments  of  agriculture,  manual  training  and  domestic 
economy  may  be  used  for  the  extension  of  agricultural  education  and  demon- 
stration outside  of  the  district  in  which  the  school  is  located,  within  the  limits 
of  efficiency. 

§  1434.  Schools  to  maintain  departments  of  agriculture.  How 
designated.  Requirements.]  Any  state  high  school  having  satisfactory 
rooms,  equipment  and  a  tract  of  land  of  at  least  ten  acres  within  one  mile  of  the 
school  house,  having  shown  itself  fitted  by  location  and  otherwise  to  do  agri- 
cultural work;  having  trained  instructors  in  agriculture,  manual  training  and 
domestic  economy;  maintaining  well  organized  short  courses  and  agricultural, 
manual  training  and  domestic  science  and  art  courses,  and  meeting  such  other 
requirements  as  the  state  board  of  education  may  define,  shall  upon  application 
be  designated  by  said  board  to  maintain  an  agricultural  departmment;  provided, 
that  the  high  schools  now  designated  and  those  hereafter  designated  to  main- 
tain departments  of  agriculture,  manual  training  and  domestic  economy  shall 
continue  to  be  so  designated  and  aided  so  long  as  they  comply  with  the  rules  and 
regulations  of  the  state  board  of  education  and  perform  satisfactorily  the  work 
contemplated  by  this  section. 

§  1435.  National  and  state  aid.  One  school  in  county.]  In  addition 
to  the  state  aid  of  two  thousand  five  undrcd  dollars  herein  provided  for  a  sta  e 
high  school  having  an  agricultural  department  as  defined  in  Section  1434  of  this 
act,  shall  receive  its  proportionate  share  of  all  moneys  appropriated  by  the  national 
government  for  the  teaching  of  elementary  or  secondary  agricultuie  in  the  public 
or  high  schools  of  this  state;  provided,  that  said  high  schools  having  an  agricul- 
tural department  shall  not  receive  more  than  two  thousand  five  hundred  dollars 


86  (JKNEKAL  SCHOOL  LAWS 


of  aid  from  the  state  under  this  act;  provided,  further,  that  no  more  than  one 
high  school  in  any  county  shall  be  designated  a  state  high  school  having  an  agri- 
cultural department  and  receiving  two  thousand  five  hundred  dollars  state  aid. 

§  1436.  Compensation  of  board  members,  clerical  service,  salary, 
expenses.]  The  ex-officio  members  of  the  board  shall  serve  without  compensa- 
tion, but  the  appointive  members  shall  receive  a  per  diem  of  three  dollars  while 
actually  on  duty  as  members  of  the  board. 

The  necessary  expenses  of  all  members  of  the  board  while  on  duty  as  members, 
salary  and  expenses  of  the  clerical  help  of  the  examiner  and  of  the  readers  of  the 
state  board  of  education  examination  papers,  and  other  necessary  expenses  of 
administration,  shall  be  paid  from  the  "State  High  School  Aid"  fund,  and  in  the 
manner  provided  by  law  for  salaries  and  expenses  of  other  state  officers. 

§  1437.  Annual  meeting.  Organization.  Powers.  Assistant  ex- 
aminers.] The  board  shall  hold  a  regular  meeting  in  the  months  of  July,  Septem- 
ber, November,  January,  March  and  May  of  each  year. 

The  board  shall  have  full  discretionary  power  to  consider  and  act  upon  appli- 
cations of  sch  ols  for  state  aid,  and  to  prescribe  conditions  upon  which  such  aid 
shall  be  granted;  and  it  shall  be  its  duty  to  accept  and  aid  such  schools  only  as 
will,  in  its  opinion,  if  aided,  efficiently  perform  the  seivice  contemplated  by  law. 
The  period  for  which  a  school  shall  be  classified  shall  be  one  year.  The  board 
shall  have  power  to  establish  any  necessary  and  suitable  rules  and  regu- 
lations relating  to  qualifications  of  teachers  and  superintendents,  to  examina- 
tions, reports,  acceptance  and  classification  of  schools,  curricula,  and  other 
proceedings  implied  under  this  article.  The  examiner  shall  report  the  results 
of  the  state  board  of  education  examinations  annually  to  the  superintendent  of 
public  instruction,  who  shall  publish  the  same  in  the  biennial  report.  Readers 
of  state  board  of  education  examination  papers  shall  be  appointed  by  the  examiner 
of  the  state  board  of  education,  and  shall  be  entitled  to  receive  such  compensa- 
tion as  the  board  may  allow. 

§  1438.  Annual  report  of  inspector.  Board  shall  keep  record  and 
make  report.]  The  said  high  school  inspector  shall  make,  on  or  before  August 
1st,  an  annual  report  to  the  state  board  of  education  concerning  the  previous 
school  year,  showing  the  names  and  number  of  schools  receiving  state  aid,  the 
number  of  pupils  enrolled,  and  other  matters  as  directed  by  the  board,  and  the 
said  board  shall  cause  the  same  to  be  published.  Said  board  shall  keep  a  rec- 
ord of  all  proceedings,  and  shall  biennially  make  a  report  to  the  governor  of 
the  receipts  and  disbursements,  matters  of  general  importance  regarding  the 
schools  aided,  and  shall  add  any  recommendations  that  it  deems  useful  and 
proper.  This  report  shall  be  included  and  made  a  part  of  the  printed  report 
of  the  state  superintendent  of  public  instruction. 

RURAL  SCHOOLS. 

§  1439.  Purpose.]  The  purpose  of  this  act  shall  be  to  aid,  encourage, 
stimulate  and  standardize  the  rural,  consolidated  and  graded  schools  of  the  state, 
and  thereby  increase  the  efficiency  of  the  entire  educational  system  of  this  state. 

§  1440.  Graded,  consolidated  and  rural  schools  may  obtain  state 
aid.]  Any  public  school  in  any  common  school  district  in  the  state,  or  any 
public  school  in  any  city,  town  or  village,   or  any  consolidated  school  in  the  state, 


STATE  OF  NORTH  DAKOTA  87 


not  entitled  to  aid  as  a  state  high  school,  but  fully  complying  with  the  conditions 
o  this  act  relating  to  state  graded  schools,  and  any  public  school  in  any  common 
school  district  in  the  state  not  located  in  any  incorporated  city,  town  or  village, 
but  fully  complying  with  the  conditions  of  this  act  relating  to  state  rural 
schools,  may  receive  aid  as  hereinafter  provided  for  state  consolidated  schools, 
state  graded  schools  and  state  rural  schools. 

§  1441.  Conditions  to  be  complied  with  by  the  state  graded  schools 
in  order  to  obtain  aid.]  State  graded  schools  shall  be  of  two  classes,  viz: 
first  and  second  class.  First  class:  In  order  to  be  entitled  to  aid  as  a  state 
graded  school  of  the  first  class,  such  school  shall  for  the  school  year  next  preceding 
that  for  which  aid  is  granted  have  complied  with  the  following  conditions: 
First,  it  shall  have  maintained  at  least  nine  months'  school.  Second,  it  shall  be 
well  organized,  having  at  least  four  departments  under  the  supervision  of  efficient 
teachers.  The  principal  shall  be  a  graduate  of  a  normal  or  other  institution  of 
higher  learning  or  shall  hold  a  professional  certificate,  and  each  department 
of  such  school  shall  be  taught  by  a  teacher  having  at  least  a  first  grade  elementary 
certificate.  Third,  it  shall  have  a  suitable  school  building,  properly  lighted,  heated 
and  ventilated,  sanitary  and  commodious  outhouses,  and  other  necessary  accom- 
modations, library  and  such  other  apparatus  as  is  necessary  to  do  efficient  work. 
Fourth,  such  school  shall  have  a  regular  and  orderly  course  of  study,  and  shall  in- 
clude the  first  two  years  of  a  high  school  course,  as  suggested  by  the  state  board  of 
education,  as  well  as  courses  in  domestic  science  and  either  manual  training  or  ele- 
mentary agriculture,  and  shall  comply  with  such  rules  as  may  be  established 
by   the   state   board   of  education. 

Second  Class:  In  order  to  be  entitled  to  aid  as  a  state  graded  school  of  the 
second  class,  such  school  shall  have  complied  with  the  following  conditions  for  the 
school  year  next  preceding  that  for  which  aid  is  granted,  viz:  First,  it  shall 
have  maintained  at  least  nine  (9)  months'  school.  Second,  it  shall  be  well  organ- 
ized, having  at  least  two  departments  under  the  supervision  of  proficient  teachers. 
The  principal  shall  be  a  graduate  of  a  normal  school  or  other  institution  of  higher 
learning  or  shall  hold  a  professional  certificate,  and  each  department  of  such 
school  shall  he  taught  by  a  teacher  having  a  first  grade  elementary  certificate, 
or  better.  Third,  it  shall  have  a  suitable  school  building,  properly  lighted, 
heated  and  ventilated;  sanitary  and  commodious  outhouses  and  other  necessary 
accommodations,  a  library,  and  such  other  apparatus  as  is  necessary  to  do  effi- 
cient work.  Fourth,  such  school  shall  have  a  regular  and  orderly  course  of 
study  as  prescribed  in  (he  slate  course  of  study  for  common  schools,  courses  in 
domestic  science,  and  either  manual  training  or  agriculture,  and  shall  comply 
with  such  rules  as  may  he  established  by  the  state  board  of  education. 

§  1442.  Conditions  for  obtaining  lid  \s  l  state  rural  school.]  State 
rural  schools  shall  he  of  two  classes,  viz:      First  and  second  class. 

First  ('his.  In  order  to  he  entitled  to  aid  as  a  slate  rural  school  of  the  first 
class,  such  school  shall  have  complied  with  the  following  conditions  during  the 
school  year  next  preceding  that  for  which  aid  is  granted;  First,  such  school  shall 
have   maintained   at    least    nine   (9)    months"   school. 

Second:  It  shall  he  taught  l>y  a  teacher  of  successful  experience,  holding  a 
first  grade  elementary  certificate,  or  a  certificate  of  higher  grade. 

Third:      It  shall   have  a  suitable  school   building,   properly  lighted,  heated  and 


88  GENEEAL  SCHOOL  LAWS 


ventilated;  sanitary  and  commodious  outhouses  and  other  necessary  accommo- 
dations, a  library  and  such  other  apparatus  as  is  necessary  to  do  efficient  work. 

Fourth:  Such  school  shall  have  a  regular  and  orderly  course  of  study  as  pre- 
scribed in  the  state  course  of  study  for  common  schools,  including  elementary 
agriculture,  and  shall  comply  with  such  rules  as  may  be  established  by  the  state 
board  of  education. 

Second  Class:  In  order  to  be  entitled  to  aid  as  a  state  rural  school  of  the 
second  class,  such  school  shall  have  complied  with  the  following  conditions 
for  the  school  year  next  preceding  that  for  which  aid  is  granted,   viz: 

First:     Such  school  shall  have  maintained  at  least  eight  (8)   months'  school. 

Second:  It  shall  be  taught  by  a  teacher  of  successful  experience,  holding  a 
second  grade  elementary  certificate  or  a  certificate  of  higher  grade. 

Third:  It  shall  have  a  suitable  school  building,  properly  lighted,  heated 
and  ventilated,  sanitary  and  commodious  outhouses,  and  other  necessary  ac- 
commodations, library  and  such  other  apparatus  as  is  necessary  to  do  efficient 
work. 

Fourth:  Such  school  shall  have  a  regular  and  orderly  course  of  study  as  is 
prescribed  in  the  state  course  of  study  for  common  schools,  including  elemen- 
tary agriculture,  and  shall  comply  with  such  rules  as  may  be  established  by  the 
state  board  of  education. 

§  1443.  Application  to  be  made  to  the  county  superintendent  of 
schools.]  Applications  from  schools  for  the  aid  herein  provided  in  the  case 
of  state  graded,  consolidated  and  state  rural  schools,  shall  be  made  to  the  county 
superintendent  of  schools  of  the  county  in  which  such  schools  are  located.  The 
county  superintendent  shall  forward  to  the  state  superintendent  of  public  in- 
struction such  applications  as  are  endorsed  and  recommended  by  him,  together 
with  a  certificate  of  the  superintendent  of  the  county  wherein  the  school  making 
such  application  is  situated,  to  the  effect  that  such  school  has  fully  complied 
with  the  conditions  mentioned  in  Section  1441  of  this  act,  in  the  case  of 
state  graded  or  state  consolidated  schools,  and  with  the  conditions  mentioned 
in  Section  1442  of  this  act,  in  the  case  of  state  rural  schools,  and  in  addition 
the  rules  established  by  the  state  board  of  education.  The  county  superin- 
tendent shall  also  file  with  the  inspector  when  requested  to  do  so  by  that  officer 
a  certified  list  of  such  schools  as  have   met  the  requirements  for  classification. 

§  1444.  Inspection  of  schools.  State  school  inspector.  Appointment. 
Qualifications.  Salary  and  expenses.  Duties  and  reports.  Assist- 
ant inspector.]  Application  for  aid  to  state  giaded  schools,  state  rural  schools 
or  state  consolidated  schools  which  have  the  endorsement  and  recommenda- 
tion of  the  county  superintendent  wherein  such  schools  aie  located  shall  be 
filed  in  the  office  of  the  state  superintendent  of  public  instruction;  and  before 
any  apportionment  of  any  aid  can  be  made  under  the  provision  of  this  act, 
such  school  shall  be  duly  inspected  and  recommended  for  classification  by  an 
officer  to  be  known  as  state  inspector  of  rural  and  giaded  schools  and  consol- 
idated school*.  Such  inspector  shall  be  appointed  by  the  state  superintendent 
of  public  instruction  for  a  period  of  two  years;  provided  that  such  appoint- 
ment must  be  confirmed  by  the  state  board  of  education.  This  inspector  shall 
have  the  same  educational  qualifications  as  required  by  law  for  the  office  of 
state  superintendent  of  public  instruction  and  shall  have  been  a  county  super- 
intendent of  schools.      The  inspector  shall  receive  an  annual  salary  of  two  thou- 


STATE  OF   NORTH  DAKOTA  89 


sand  dollars;  and  in  addition  thereto  his  necessary  and  actual  expenses  incurred 
in  the  discharge  of  his  official  dut'es,  not  exceeding  fifteen  hundred  dollars  in 
any  one  year.  The  salary  and  traveling  expenses  shall  be  paid  in  the  same 
manner  as  in  the  case  of  the  state  superintendent  of  public  instruction.  It 
shall  be  the  special  duty  of  the  state  inspector  of  consolidated,  rural  and  graded 
schools  to  aid  and  promote  consolidation  of  schools,  and  to  further  that  end, 
he  shall,  when  possible,  attend  teachers'  meetings,  institutes,  training  schools 
and  school  officers'  and  patrons'  meetings,  and  discuss  consolidation  and  kin- 
dred topics.  He  shall  on  or  before  the  fifteenth  day  of  September  in  each  year, 
make  and  transmit  to  the  governor  and  the  state  superintendent  of  public  in- 
struction, a  report  showing  the  conditions  of  the  schools  inspected,  with  such 
summaries  and  recommendations  as  he  may  think  proper;  and  not  more  than 
fifteen  hundred  of  such  reports  shall  be  printed  each  year.  He  shall  also  file 
in  the  office  of  the  state  superintendent  at  the  close  of  each  school  month  indi- 
vidual reports  of  the  several  schools  inspected  during  that   month. 

§  1445.  Amount  of  apportionment.]  Between  the  first  and  fifteenth  of 
August  in  each  year,  the  state  board  of  education  shall  apportion  to  each  of 
said  state  consolidated  schools  the  sums  named  in  Section  1444  of  this  act,  and 
to  each  of  said  state  graded  schools  which  have  fully  complied  with  the  pro- 
visions of  this  act  and  such  additional  rules  as  may  be  established  by  the  board, 
relating  to  state  graded  schools,  the  sum  of  two  hundred  dollars  in  each  year 
to  state  graded  schools  of  the  first  class,  and  to  state  graded  schools  of  the  sec- 
ond class  the  sum  of  one  hundred  fifty  dollars;  and  they  shall  apportion  to  each 
of  the  state  rural  schoools  which  have  fully  complied  with  the  provisions  of  this 
act  and  such  additional  rules  as  may  be  established  by  the  board  relating  to 
state  rural  schools,  the  sum  of  one  hundred  fifty  dollars  in  each  year  to  each 
state  rural  school  of  the  first  class;  and  to  each  state  rural  school  of  the  second 
class  the  sum  of  one  hundred  dollars  in  each  year;  provided,  however,  that  in 
case  the  amount  apportioned  and  available  shall  not  be  sufficient  to  pay  the 
amounts  specified  above  then  the  amount  available  shall  be  apportioned  pro 
rata  among  the  schools  entitled  thereto,  and  any  moneys  apportioned  under 
this  act  shall  be  used  solely  to  increase  the  efficiency  of  such  schools.  Pro- 
vided, also,  that  but  one  school  of  each  class  in  any  township  or  district  shall 
receive  aid  under  the  provisions  of  this  act  until  all  of  those  schools  applying 
for  aid  before  August  first  of  each  year  are  considered  and  disposed  of.  These 
amounts  shall  be  paid  by  the  state  treasurer  on  warrant  of  the  state  auditor 
when  duly  certified  and  filed  with  the  state  auditor  by  the  superintendent  of 
public  instruction. 

§  1446.  Aid  to  consolidated  schools.]  Any  consolidated  school  meeting 
the  requirements  for  a  state  graded  school  of  the  first  class  shall  receive  aid 
in  the  amount  of  six  hundred  dollars,  and  any  consolidated  school  meeting  the 
requirements  for  a  state  graded  school  of  the  second  class  shall  receive  aid  in 
the  amount  of  five  hundred  dollars.  A  onsolidated  school  within  the  meaning 
of  this  act  shall  be  one  organized  in  accordance  with  Section  84,  Chapter  266, 
Session  Laws  of  1911;  and  in  addition  shall  have  at  least  two  departments. 

§  1447.  Records,  accounts  and  rules.]  The  state  superintendent  of  pub- 
lic instruction  shall  keep  a  record  of  all  schools  applying  for  and  receiving  aid 
as  state  graded  schools,  state  consolidated  schools  or  state  rural  schools,  in 
each  year,  and  a  detailed  account  of  all  moneys  apportioned  for  such  purposes. 


!Mi  GENERAL  SCHOOL  LAWS 


The  state  board  of  education  is  also  authorized  to  establish  such  additional 
rules  as  shall  be  found  necessary  to  secure  uniformity  and  the  best  results  among 
the  schools  receiving  state  aid. 

§  1448.  Advancement  of  graded  or  consolidated  schools,  of  the  first 
class  to  high  schools,  and  advancement  of  graded  or  consolidated 
schools  of  the  second  class  to  graded  or  consolidated  schools  of  the 
first  class.]  First  Class:  When  any  state  graded  school  or  state  consoli- 
dated school  of  the  first  class  in  this  state  attains  such  a  degree  of  proficiency 
as  to  satisfy  the  state  inspector  of  rural  and  graded  schools  that  it  has  the  qual- 
ifications necessary  to  entitle  it  to  be  advanced  to  a  state  high  school,  such  in- 
spector may  recommend  the  same  to  the  state  board  of  education  for  such  ad- 
vancement. If  the  state  board  is  satisfied  that  such  school  has  complied  with 
all  the  requirements  to  entitle  it  to  promotion,  said  board  shall  raise  it  to  a 
state  high  school  entitling  it  to  aid  as  such. 

Second  Class:  When  any  state  graded  school  or  state  consolidated  school 
of  the  second  class  in  this  state  has  attained  such  a  degree  of  proficiency  as  to 
satisfy  the  inspector  that  it  has  the  qualifications  necessary  to  entitle  it  to  be 
advanced  to  a  state  graded  or  consolidated  school  of  the  first  class,  such  inspector 
may  recommend  the  same  to  the  state  board  of  education  for  such  advance- 
ment. If  the  state  board  is  satisfied  that  such  school  fully  complies  with  all 
the  requirements  necessary  to  entitle  it  to  promotion,  such  board  shall  raise 
it  to  a  state  graded  or  consolidated  school  of  the  first  class,  entitling  it  to  aid 
as  such. 

§  1449.  Report  of  state  superintendent  of  public  instruction.]  The 
state  superintendent  of  public  instruction  shall  include  in  his  biennial  report 
a  comprehensive  statement  of  all  receipts  and  disbursements;  the  name  and 
number  of  schools  in  each  class  receiving  aid;  the  number  of  pupils  enrolled 
in  each,  and  the  cost  of  supervision  of  all  schools  receiving  aid  under  this  act 
for  the  years  covered  by  such  report,  to  which  may  be  added  an  estimate  of 
appropriation  needed  to  meet  the  requirements  of  this  act  for  the  succeeding 
two  years,  and  such  other  recommendations  as  he  may  deem  useful  and  proper. 

§  1450.  Amount  appropriated  for  each  class.]  For  the  purpose  of  car- 
rying out  the  provisions  of  this  act,  the  following  sums  are  hereby  appropri- 
ated annually,  to  be  paid  out  of  any  moneys  in  the  state  treasury  not  other- 
wise appropriated,  viz:  for  aid  to  state  graded  schools  the  sum  of  ten  thousand 
dollars  ($10,000.00)  annually.  For  aid  to  state  rural  schools  the  sum  of  fifteen 
thousand  dollars  ($15,000.00)  annually,  and  for  aid  to  state  consolidated  schools 
the  sum  of  ten  thousand  dollars  ($10,000.00)  annually.  For  the  inspector's 
and  assistant's  salary,  as  hereinbefore  provided,  the  sum  of  two  thousand  dol- 
lars ($2,000.00)  annually.  For  the  actual  and  necessary  traveling  expenses  of 
said  inspector,  the  sum  of  fifteen  hundred  dollars  ($1,500.00)  annually.  For 
the  payment  of  postage,  stationery  and  clerical  assistance  required  by  the  in- 
spector and  the  printing  of  the  inspector's  annual  report,  the  sum  of  four  hun- 
dred dollars  ($400.00)  annually.  Provided,  however,  that  in  case  the  amount 
appropriated  and  available  under  this  article  for  the  payment  of  aid  to  such 
schools  shall  in  any  year  be  insufficient  to  apportion  to  each  of  such  schools 
as  are  entitled  thereto  the  full  amount  intended  to  be  apportioned  to  the  state 
graded  schools,  state  rural  schools  and  state  consolidated  schools,  then,  in  such 
case,  such  amounts  as  are  apportioned  and  available  shall  be  apportioned  pro 


STATE  OF  NORTH  DAKOTA  91 


rata  among  the  schools  entitled  thereto.     Provided,  the  first  annual  appropri- 
ations herein  provided  for  such  shall  become  available  July  first,   1913. 

THOROUGH  SYSTEM  OF  INSTRUCTION  IN  SCHOOLS. 

§  1451.  Writing.]  Each  pupil  in  the  common  schools  as  they  shall  be- 
come sufficiently  advanced  to  pursue  the  same,  shall  be  required  to  devote  at 
least  fifteen  minutes  practice  in  writing  each  day  during  the  school  year. 

§  1452.  Course  of  study  in  high  schools,  selections  by  pupils.]  All 
pupils  entering  high  school  shall  select  one  of  the  courses  of  study  offered  by 
said  high  school,  and  no  pupil  shall  be  permitted  to  change  said  course  of  study, 
except  by  permission  of  the  superintendent  of  said  school,  or  upon  request  of 
the  parents  or  guardian  of  said  pupil. 

§  1453.  Review  by  senior  class,  duty  of  superintendent.]  The  super- 
intendent shall,  and  it  is  hereby  made  his  duty  to  cause  to  be  reviewed  by  each 
senior  class  during  the  senior  year,  the  full  and  complete  course  of  study  pur- 
sued by  said  class  in  the  grammar  grades. 

COUNTY  AGRICULTURAL  AND  TRAINING  SCHOOLS. 

§  1455.  General  or  special  election  to  establish  school.  Appro- 
priation by  county  commissioners.]  Whenever  in  the  opinion  of  the  cit- 
izens of  any  county  in  the  state,  it  shall  be  deemed  wise  to  establish  a  county 

chool  for  the  purpose  of  giving  instruction  in  agricultural,  domestic  economy, 
manual  training  and  for  training  of  teachers  for  the  rural  schools  and  a  peti- 
tion containing  the  names  of  not  less  than  three  hundred  freeholders  is  filed 
with  the  board  of  county  commissioners,  praying  for  the  establishment  of  such 
a  school  such  board  of  county  commissioners  shall  at  its  next  regular  meeting 
consider  such  petition  and  in  case  such  board  of  county  commissioners  decide 
in  favor  of  establishing  such  school,  such  board  of  county  commissioners  shall 
submit  the  question  of  establishing  and  maintaining  such  school  to  the  elect- 
ors of  such  county  either  at  the  next  general  election  or  they  may  order  a  spe- 
cial election  for  the  purpose  of  determining  whether  such  county  shall  establish 
such  school.  Such  special  election  shall  be  held  in  the  manner  and  upon  the 
notice  prescribed  by  law  for  other  elections;  but  the  published  and  posted  no- 
tices of  such  election  shall  state  its  object  and  the  amount  of  money  to  be  ap- 
propriated for  the  establishing  of  such  school.  If  the  majority  of  all  the  votes 
cast  at  such  general  or  special  election  upon  the  question  of  establishing  such 
school  arc  in  favor  of  establishing  su  h  school,  the  board  of  county  commission- 
ers of  s  '.ch  county  is  hereby  authorized  to  appropriate  money  for  the  organi- 

ation,  equipment  and  maintenance  of  same  and  to  levy  and  spread  on  the 
tax  roll  a  sufficient  sum  to  carry  into  effect  the  provisions  of  this  act;  but  such 
sum  shall  not  be  less  than  ten  thousand  dollars,  nor  more  than  twenty  thou- 
sand dollars,  and  not  exceeding  such  sum  as  may  be  recommended  by  the  board 
of  trustees  of  the  county  agricultural  nd  training  school  created  by  this  act, 
which  sum  together  with  any  gift  or  donation  offered  by  any  city  or  village 
desiring  the  location  of  such  school  shall  be  suffi  ient  to  purchase  a  building 
already  constructed  or  to  purchase  material  or  labor  to  erect  a  new  main  build- 
ing and   such   outbuildings  as   may   he   necessary;   said  sum   may   be  all   levied  in 


92  GENERAL  SCHOOL  LAWS 


one  year,  or  the  board  of  trustees  of  the  county  agricultural  and  training  school 
created  by  this  act  may  issue  and  sell  certificates  of  indebtedness  in  an  amount 
not  to  exceed  said  sum  plus  any  additional  amount  required  to  pay  the  interest 
that  may  accrue  on  such  certificates,  which  interest  shall  not  exceed  six  per 
cent  per  annum  and  shall  be  paid  annually.  Such  certificates  shall  be  paid 
in  five  equal  yearly  payments  and  in  case  such  certificates  are  issued  and  sold, 
it  shall  be  the  duty  of  the  county  board  to  levy  and  spread  upon  the  tax  roll 
a  sufficient  sum  to  pay  the  same  as  they  become  due  together  with  accrued  in- 
terest. 

§  1456.  Joint  maintenance  by  county  and  state.]  After  the  establish- 
ment of  such  school,  the  maintenance  thereof  shall  be  borne  jointly  by  such 
county  and  the  state,  as  hereinafter  provided.  The  board  of  county  com- 
missioners are  hereby  empowered  and  directed  annually  to  levy  and  spread 
on  the  tax  roll  a  sum  sufficient  to  pay  the  county's  share  of  the  cost  of  main- 
tenance; provided,  that  not  to  exceed  one-half  of  the  yearly  cost  of  maintenance 
shall  be  paid  by  the  state,  but  the  state's  share  of  such  maintenance  shall  not 
exceed  the  sum  of  three  thousand  dollars  in  any  one  year;  it  being  the  intent 
of  this  act  that  a  sum  at  least  equal  to  the  state's  share  shall  be  levied  and  paid 
by  the  county,  but  this  shall  not  prevent  the  county  from  levying  a  greater 
sum  of  [for]  maintenance,  if  deemed  necessary;  provided,  further,  that  the 
board  of  county  tax  commissioners  may  from  time  t  time  levy  and  spread 
upon  the  tax  roll  sums  of  money  for  the  erection  and  construction  of  additional 
buildings  or  other  improvements,  or  for  the  purchase  of  equipment,  but  levies 
for  improvements  or  equipment  shall  not  exceed  the  sum  of  five  thousand  dol- 
lars in  any  one  year,  without  first  having  been  submitted  to  a  vote  of  the  elect- 
ors of  such  county  as  provided  in  Section  1455  hereof. 

§  1457.  Treasurer  of  board.  Funds.  How  paid  out.]  The  county 
treasurer  shall  be  and  shall  act  as  the  treasurer  of  the  board  of  trustees  and  all 
funds  levied  and  collected  for  the  purpose  of  establishing  and  maintaining  such 
a  school  shall  be  placed  in  his  hands,  the  same  as  all  other  funds  and  shall  be 
paid  out,  on  the  order  of  the  president  of  the  board  of  trustees  and  counter- 
signed by  its  secretary. 

§  1458.  Board  of  trustees.]  There  is  hereby  created  for  any  county  de- 
siring to  establish  such  a  school  a  board  consisting  of  five  members  to  be  known 
as  "The  Board  of  Trustees"  of  the  county  agricultural  and  training  school,  of 
which  the  county  superintendent  of  schools  shall  be  a  member  and  of  which  he 
shall  in  all  cases  act  as  secretary:  the  other  four  shall  be  appointed  by  the  board 
of  county  commissioners,  two  of  whom  shall  serve  for  the  balance  of  the  school 
year  ending  June  thirtieth,  following  their  appointment  and  tw  shall  serve 
until  the  end  of  the  second  school  year  or  until  their  successors  are  appointed 
and  have  qualified.  After  the  organization  of  such  board  of  trustees  the  terms 
of  appointment  of  the  members  of  such  board  shall  be  for  a  term  of  two  years, 
the  terms  of  two  members  expiring  at  the  end  of  each  school  year,  but  no  mem- 
ber of  the  board  of  county  commissioners  shall  be  eligible  to  appointment  on 
the  board  of  trustees,  during  his  term  of  office  as  a  member  of  the  board  of 
county  commissioners.  Vacancies  occurring  in  the  board  of  trustees,  except- 
ing in  th  ■  case  of  the  county  superintendent,  shall  also  be  filled  by  appoint- 
ment by  the  board  of  county  commissioners  within  sixty  days  after  they  occur. 


STATE  OF  NOETH  DAKOTA  93 


§  1459.  Oath.  Bond.  Organization  of  board.  Compensation.  Tax.] 
Each  person  appointed  a  member  of  the  board  of  trustees  shall  within  ten  days 
after  notice  of  such  appointment,  take  an  oath  to  discharge  his  duties  faith- 
fully, which  oath  together  with  a  bond,  in  the  sum  of  two  thousand  dollars, 
shall  be  filed  in  the  office  of  the  county  auditor.  Within  fifteen  days  after 
their  appointment  the  members  shall  meet  and  organize  by  electing  one  of  their 
number  president.  The  members  shall  receive  no  compensation  except  their 
actual  expenses  while  going  to  and  from  and  while  attending  the  meetings  of 
the  board  of  trustees  and  in  the  necessary  discharge  of  their  official  duties  in 
establishing,  equipping  and  maintaining  the  school.  After  having  determined 
the  amount  of  money  required  to  establish,  equip  and  maintain  the  school  for 
one  year,  the  secretary  shall  make  a  report  of  the  estimated  amount  required, 
to  the  county  auditor,  in  sufficient  time  to  spread  on  the  tax  roll,  but  any  such 
amount  shall  be  subject  to  the  approval  of  the  board  of  county  commissioners. 
Should  the  board  of  county  commissioners  deem  it  advisable  to  sell  certificates 
of  indebtedness  in  lieu  of  making  a  tax  levy,  it  hall  be  done  as  required  by 
Section  1455  of  this  act. 

§  1460.  State  agricultural  and  training  school  board.  How  created. 
Powers  and  duties.]  There  is  hereby  created  a  state  agricultural  and  train- 
ing school  board  which  shall  consist  of  the  president  of  the  state  agricultural 
college,  the  state  superintendent  of  public  instruction  and  three  practical  farm- 
ers who  shall  be  appointed  by  the  governor  of  this  state,  one  of  whom  shall 
serve  until  the  end  of  the  first  school  year,  one  of  whom  shall  serve  until  the 
end  of  the  second  school  year,  and  one  of  whom  shall  serve  until  the  end  of  the 
third  school  year  after  the  organization  of  this  board;  it  being  the  intent  of  this 
act  after  the  organization  of  this  board,  that  the  term  of  each  appointed  mem- 
ber of  this  board  shall  be  for  three  years  and  no  two  of  whose  term  shall  ex- 
pire in  the  same  year.  The  president  of  the  agricultu  al  college  shall  be  pres- 
ident of  this  board  and  the  superintendent  of  public  instruction  shall  be  its 
secretary.  This  board  shall  meet  at  such  time  and  place  as  its  president  may 
direct  and  shall  prescribe  the  course  of  study  to  be  pursued  in  the  county  agri- 
cultural and  training  schools,  which  shall  include,  first,  instruction  in  the  ele- 
ments of  agriculture  including  the  study  of.  soil,  horticulture  and  plant  life, 
animal  life  on  the  farm,  a  system  of  faim  accounts,  and  manual  training  and 
domestic  economy;  second,  instructions  in  the  common  blanches  and  such 
other  branches  as  are  necessary  foi  the  training  of  teachers  in  the  rural  schools, 
in  methods  of  school  management  and  provisions  for  observation  and  practice 
in  the  art  of  teaching. 

The  state  board  of  agricultural  and  training  schools  shall  determine  the  qual- 
ifications to  be  required  of  the  principal  and  other  teachers  in  said  school,  and 
the  president  and  secretary  of  the  said  state  board  shall  each  have  a  vote  in  the 
election  of,  and  fixing  the  salaries  of  the  principals  of  said  schools.  The  other 
teachers  shall  be  elected  by  the  board  of  trustees  of  each  school  established 
under  this  act.  It  is  provided  that  the  course  of  study  in  the  department  of 
agriculture  shall  be  so  framed  as  to  correlate  with  the  courses  of  study  in  the 
state  agricultural  college  so  that  students  from  the  county  schools  shall  be  ad- 
mitted without  examination  to  the  next  higher  class  in  the  state  agricultural 
college  next  following  that  which  they  have  completed  in  the  county  school. 
The  superintendent   of  public  instruction  and   the  president  of  the  agricultural 


94  GENERAL  SCHOOL  LAWS 


college  shall  visit  and  inspect  each  of  said  schools  at  least  once  each  year,  and 
make  a  report  to  the  governor,  relating  to  property  management,,  instruction 
and  efficiency  of  these  schools,  and  make  such  recommendations  as  in  their 
judgment  will  further  the  efficiency  and  usefulness  of  any  or  all  of  such  schools. 

§  1461.  Site  for  school.  Trustees  to  build.]  After  the  board  of  county 
commissioners  have  decided  to  establish  a  school  it  may  receive  offers  of  lo- 
cation, as  well  as  money  from  each  village  or  city  desiring  to  have  a  school  lo- 
cated within  or  near  its  boundaries;  such  offers  and  location  shall  be  examined 
and  considered  by  the  board  of  county  commissioners  after  which  the  board 
of  county  commissioners  shall  accept  in  the  name  of  the  county  such  site  and 
money  or  other  valuable  property  in  aid  of  establishing  a  school  as  in  their 
judgment  may  seem  best,  receiving  to  all  lands  bought  01  donated  for  a  school 
site,  a  deed  in  the  name  of  the  county.  The  board  of  trustees  shall  thereafter 
proceed  to  build  such  school  as  soon  as  all  other  requirements  prescribed  by 
the  act  theretofore  necessaiy  have  been  complied   with. 

§  1462.  School  free  to  whom.  Admission  of  non-res  dents.]  Any 
school  organized  under  the  piovisions  of  this  act  shall  be  free  to  residents  of. 
the  county  contributing  to  its  support,  but  whenever  students  desire  admis- 
si  n  to  the  school  in  sufficient  numbers  to  warrant  the  organization  of  special 
classes  for  their  instruction,  such  classes  shall  be  organized  and  continue  for 
such  time  as  the  trustees  may  direct.  The  board  of  trustees  shall  make  rules 
prescribing  the  conditions  under  which  students  may  enter  who  are  not  res- 
idents of  such  county. 

§  1463.  When  school  deemed  to  be  established.  State  aid.]  When 
a  county  has  determined  as  herein  provided  to  establish,  equip  and  maintain 
a  county  agricultural  and  training  school,  the  trustees,  shall  through  the  sec- 
retary and  president  make  application  to  the  superintendent  of  public  instruc- 
tion for  the  establishment  of  such  a  school.  The  application  shall  be  accompa- 
nied by  a  certified  statement  from  the  chairman  of  the  board  of  county  com- 
missioners, and  the  county  auditor,  that  the  necessary  tax  levy  will  be  made 
for  the  establishment  and  maintenance  of  such  school.  Such  application  shall 
be  referred  to  the  state  board  of  agricultural  and  training  schools,  who  shall 
determine  as  to  its  acceptance  or  rejection.  If  the  application  from  any  county 
for  the  establishment  of  such  school  is  granted  by  them,  and  when  subsequtlyen 
all  the  provisions  of  this  act  are  complied  with  by  the  county  board  and  board 
of  trustees,  the  county  agricultural  and  training  school  shall  be  considered  as 
established  in  and  for  such  county,  and  shall  upon  its  compliance  with  the  other 
provisions  of  this  act  receive  aid  from  the  state  as  provided  herein. 

§  1464.  Procedure  to  obtain  state  aid.]  On  the  first  day  of  July  in 
each  year  the  secretary  of  each  county  agricultural  and  training  school  board 
of  each  county  maintaining  a  school  on  the  approved  list  shall  report  to  the  state 
superintendent,  setting  forth  the  facts  relating  to  the  cost  of  maintaining  the 
school,  the  character  of  the  work  done,  the  number  and  names  of  teachers  em- 
ployed and  such  other  matters  as  may  be  required  by  the  state  board  of  agri- 
cultural and  training  schools.  Upon  the  receipt  of  such  report,  if  it  shall  appear 
that  the  school  has  been  maintained  in  a  satisfactory  manner  for  a  period  of  not 
less  than  nine  months  during  the  year  closing  on  the  thirtieth  day  of  the  preced- 
ing June,  the  superintendent  of  public  instruction,  as  secretary  of  such  board 
shall   make  a  certificate  to  that  effect  and  file  it  with  the  state  auditor.      Upon 


STATE  OF  NORTH  DAKOTA  95 


receiving  such  certificate  the  state  auditor  shall  draw  his  warrant  payable  to  the 
treasurer  of  the  county  maintaining  such  school  a  sum  equal  to  one-half  {Yi)  the 
amount  actually  expended  for  maintaining  such  school  during  the  year;  provided, 
that  the  total  amount  as  apportioned  shall  not  exceed  three  thousand  dollars 
in  any  one  year. 

§  1465.  Training  school  certificates  after  completion  of  course.] 
Any  person  who  shall  complete  in  a  satisfactory  manner  the  course  of  study 
prescribed  for  any  county  agricultural  and  training  school  and  who  shall  be  of 
good  moral  character  shall  receive  a  certificate  signed  by  the  principal  of  the  school 
and  by  the  members  of  the  county  training  school  board.  Such  certificate  shall 
certify  that  the  person  named  therein  has  satisfactorily  completed  the  course  of 
study  prescribed  for  the  county  school  and  is  of  good  moral  character;  it  shall 
also  contain  a  list  of  the  standings  secured  by  the  person  on  the  completion  of 
such  studies  pursued  in  the  school.  Such  certificates  shall  have  the  force  and 
effect  of  a  second  grade  certificate  issued  by  the  county  superintendent  of 
the  county  in  which  the  school  is  located,  for  a  term  of  two  years  from  the  date 
of  its  issue;  provided,  that  in  case  the  holder  thereof  has  never  taught  or  cannot 
furnish  satisfactory  evidence  of  having  successfully  taught  for  at  least  one  school 
year  in  the  public  schools  of  this  state,  said  certificate  shall  be  of  full  force  and  ef- 
fect for  one  year  only  from  its  date  of  issue.  When  satisfactory  evidence  of  suc- 
cessful teaching  for  at  least  one  year  upon  said  training  school  certificate  shall  be 
furnished  to  the  county  superintendent,  said  superintendent  shall  remove  the 
limitation,  whereupon  the  training  school  certificate  shall  have  the  full  force  and 
effect  of  a  teacher's  certificate  of  the  second  grade  for  two  additional  years.  Any 
school  superintendent  or  officer  authorized  to  grant  certificates  to  teachers  in 
North  Dakota  is  hereby  authorized  in  his  discretion  to  accept  standings  obtained 
by  the  completion  of  studies  in  any  county  and  agricultural  training  school  in 
lieu  of  actual  examination  by  said  superintendent  or  examiner  at  any  time 
within  three  years  from  the  date  of  the  certificate  of  completion  of  the  course  by 
the  person  desiring  to  have  such  standings  accepted.  This  provision  shall  apply 
to  certificates  of  second  grade. 

§  1466.  Establishment  of  schools  for  two  or  more  adjoining  counties.] 
The  county  boards  of  two  or  more  adjoining  counties  may  unite  in  establishing 
and  maintaining  agricultural  and  training  school  for  teachers  for  the  purpose 
and  on  the  general  plan  as  provided  for  in  Section  1455  of  this  act,  and  may  appro- 
priate money  for  its  maintenance,  and  whenever  two  or  more  counties  unite  in 
establishing  such  school  the  county  superintendent  of  the  county  in  which  the 
school  house  is  situated  shall  be  ex-officio  secretary  of  the  board,  and  the  board 
of  trustees  shall  consist  of  two  members  appointed  from  each  of  the  counties  so 
uniting  in  establishing  and  maintaining  such  school  and  no  member  of  any  board 
of  county  commissioners  shall  be  eligible. 

§  1467.  Tax  for  maintenance  of  such  joint  schools.]  Whenever  two 
or  more  counties  unite  in  maintaining  and  establishing  such  school  the  board  of 
trustees  provided  for  in  such  eases  shall  determine  the  amount  of  money  neces- 
sary for  the  maintenance  and  equipment  of  the  school  for  the  next  succeeding 
year  and  annually  thereafter.  They  shall  apportion  the  amount  to  be  raised 
by  taxation  among  the  counties  in  proportion  to  the  assessed  valuation  of  the 
real  and  personal  property  in  each  county  as  fixed  by  the  state  board  of  equaliza- 
tion and  shall  report  to  the  county  auditor  of  each  county  on  or  before  the  first 


96  GENEKAL  SCHOOL  LAWS 


Monday  of  May  in  each  year,  the  amount  of  apportionment  so  fixed,  and  such 
apportioned  amount  shall  be  levied  by  the  board  of  county  commissioners  of 
each  county  for  the  ensuing  year  for  the  support  of  such  schools. 

§  1468.  County  treasurer  ex-officio  treasurer  training  school 
board.]  The  county  treasurer  of  the  county  in  which  the  school  is  located  shall 
be  ex-officio  treasurer  of  the  agricultural  and  training  school  board,  and  all 
moneys  appropriated  and  expended  under  the  provisions  of  this  act  shall  be 
expended  by  the  board  of  said  county  training  school  and  shall  be  paid  by  the 
said  county  treasurer  on  orders  drawn  by  the  secretary  and  countersigned  by  the 
president. 

§  1469.  State  agricultural  and  training  school  fund  created.]  For 
the  purpose  of  providing  funds  for  the  payment  of  such  claims  as  the  state  hereby 
obligates  itself  to  do  and  the  warrants  thereon  drawn,  there  is  hereby  created  a 
fund  to  be  known  as  the  state  agricultural  and  training  school  fund. 

§  1470.  Special  tax  for  training  school  fund.]  It  shall  be  the  duty  of 
the  state  board  of  equalization  at  the  time  of  the  levy  of  the  annual  tax  to  estimate 
the  amount  required  to  pay  the  state's  share  of  the  cost  of  maintaining  the  county 
agricultural  and  training  schools  established  under  the  provisions  of  this  act, 
and  to  levy  a  special  tax  of  not  to  exceed  one-fifth  (1-5)  of  one  mill  on  the  dollar 
upon  the  assessed  valuation  of  all  property  in  the  state,  which  tax  when  collected 
shall  be  paid  into  the  hands  of  the  state  treasurer  who  shall  at  once  enter  the 
same  into  the  state  agricultural  and  training  school  fund.  Said  fund  shall  be 
preserved  inviolate  for  the  payment  of  the  state  claims  provided  herein. 

§  1471.  Acts,  proceedings  and  elections  legalized.]  That  all  acts  and 
proceedings  heretofore  had  by  the  board  of  county  commissioners  in  any  county, 
preliminary  to  submitting  to  the  voters  of  such  county  at  either  a  general  or 
special  election,  the  question  whether  such  county  shall  establish  a  county  agri- 
cultural and  training  school  under  the  provisions  of  Chapter  265,  Session  Laws 
of  1911,  and  all  general  or  special  elections  held  pursuant  to  such  acts,  proceedings, 
calls  and  notices  shall  be  and  are  hereby  legalized  in  each  and  every  case,  and 
hereby  declared  valid  acts,  proceedings,  calls,  notices  and  elections.  And  this 
shall  be  true  notwithstanding  the  omission  of  any  matter  or  thing  by  law  required 
'as  a  pre-requisite  to  the  submission  of  such  question  at  a  general  or  special  elec- 
tion and  the  holding  of  such  election,  and  notwithstanding  defects  or  omissions 
in  the  proceedings  had  preliminary  to  or  in  the  calling  of,  and  the  giving  of  the 
required  notice  of  the  submission  of  such  question,  for  the  establishment  of  such 
county  agricultural  and  training  school  at  such  general  or  special  election;  and 
notwithstanding  the  omission  of  any  matter  or  thing  by  law  required  to  be  stated 
in  such  notice;  and  notwithstanding  any  defect  in  the  form  of  or  the  omission 
from  the  ballot  used  at  such  general  or  special  election,  any  matter  or  thing 
required  by  law  therein  to  be  stated. 

§  Emergency.]  Whereas,  the  provisions  of  Chapter  265  of  the  Session 
Laws  of  1911,  are  vague  and  indefinite  with  respect  to  matters  in  this  bill  set 
forth,  and  elections  have  been  attempted  held  under  such  vague  and  indefinite 
provisions,  an  emergency  is  hereby  declared  to  exist,  and  this  act  shall  take  effect 
and  be  in  force  from  and  after  its  passage  and  approval. 


STATE  OF  NORTH  DAKOTA  97 


SCHOOL  FUNDS. 

§  1472.  School  funds  required  to  be  deposited.]  All  funds  of  each 
and  every  city  or  school  district  of  this  state  shall  be  deposited  by  the  treasurer 
of  the  city,  county  or  school  district,  as  soon  as  received  by  him,  in  the  name  of 
the  city  or  school  district  of  which  he  is  an  officer,  in  such  bank  or  banks  as  shall 
have  been  designated  as  city  or  school  district  depositories  in  accordance  with 
this  article,    as   hereinafter   provided. 

§  1473.  Depositories  to  be  designated.]  The  city  council  or  school  board 
of  each  and  every  city  or  school  district  of  this  state,  at  its  first  regular  meeting 
after  this  article  shall  take  effect  and  at  its  first  regular  meeting  in  July  of 
each  odd  numbered  year  thereafter,  shall  designate  one  or  more  national  or  state 
banks  in  its  city  or  district  or  county  as  city  or  school  district  depositories,  in 
which  all  of  the  funds  of  such  city   or  school  district  shall  be  deposited. 

§  1474.  City  auditor  OR  SCHOOL  CLERK  TO  advertise  for  proposals.]  The 
city  auditor  or  school  clerk  of  each  city  or  school  district  shall  advertise  in  one 
or  more  newspapers  of  the  city,  county  or  village,  for  at  least  two  weeks  immedi- 
ately prior  to  such  meeting  for  sealed  proposals  for  the  deposit  of  funds  of  such 
city  or  school  district,  wdiich  advertisements  shall  state  the  date  up  to  which  such 
proposals  will  be  received,  which  date  shall  be  the  day  of  the  meeting  of 
the  city  council  or  school  board,  at  which  such  proposals  are  to  be  opened.  Such 
proposals  shall  state  in  writing  what  rate  of  interest  will  be  paid  on  average  daily 
balances  during  the  month,  interest  to  be  paid  monthly  on  condition  that  such 
funds  with  accrued  interest,  shall  be  held  subject  to  draft  at  all  times  on  demand. 
Such  proposals  shall  be  inclosed  in  sealed  envelopes,  addressed  to  the  city  auditor 
or  school  clerk  and  marked  "Proposals  for  deposit  of  city  or  school  funds,"  and 
shall  be  by  the  city  auditor  or  school  clerk  filed  in  his  office. 

§  1475.  How  proposals  acted  on.  Bond  required.]  Such  proposals  shall 
be  presented  +o  the  city  council  or  school  board  at  such  meetings,  and  then,  but 
not  till  then,  shall  be  opened  by  the  city  auditor  or  school  clerk  in  the  presence 
of  the  council  or  school  board,  and  the  council  or  school  board  shall  thereupon 
proceed  to  accept  the  proposal  of  the  bank  or  banks  offering  the  highest  rate  of 
interest,  not  inconsistent  therewith,  subject  to  the  filing  of  a  satisfactory  bond 
as  hereinafter  provided,  the  amount  of  which  bond  shall  then  and  there  be  fixed 
by  the  city  council  or  school  board.  Before  any  bank  shall  be  designated  as  such 
depository,  it  shall  submit  to  the  city  council  or  school  board  for  its  approval  a 
bond  payable  to  the  city  or  school  district  conditioned  for  the  safe  keeping  and 
repayment  of  any  and  all  funds  deposited  in  such  banks,  which  bond  shall  be 
signed  by  not  less  than  five  freeholders  of  the  county  or  state  as  sureties;  such 
bond  to  lie  in  the  sum  required  by  the  city  council  or  school  board,  but  in  no 
case  less  than  double  the  probable  amount  of  funds  to  l><  deposited  in  such  bank. 
If  at  any  time  the  amount  of  funds  on  deposit  in  any  such  depositories  shall 
exceed  one-hall'  of  the  amount  named  in  such  bond,  it  shall  be  the  duty  of  the 
city  council  or  school  board  ;il  its  nex1  regular  meeting  I  lien  after  to  require 
from  such  depository  an  additional  bond  in  a  sum  not  less  than  twice  the  amount 
of  such  excess.  Such  bond  shall  be  approved  lis  the  city  council  or  school  hoard 
and  the  approval  endorsed  thereon  by  the  mayor  or  president  of  I  he  school  board, 
and  by  him  deposited  with  the  city  auditor  or  school  district  clerk;  and  any  hank 
whose  bond  shall  have  Keen  so  approved  shall  thereupon  !><•  designated  by  the 


98  GENERAL  SCHOOL  LAWS 


city  council  or  school  board  as  a  city  or  school  district  depository  and  shall  con- 
tinue as  such  until  such  time  as  the  city  council  or  school  board  shall  advertise 
for  bids  as  aforesaid.  If  the  city  council  or  school  board  fails  or  refuses  to  ap- 
prove such  bond,  the  same  may  be  presented  to  the  judge  of  the  district  court, 
upon  three  days'  notice  to  the  city  auditor  or  school  district  clerk,  who  shall 
proceed  to  hear  and  determine  the  sufficiency  of  such  bond,  and  may  approve 
such  bond,  and  the  said  bank  shall  be  declared  a  city  or  school  district  depository 
as  aforesaid.  The  sureties  on  such  bond  shall  be  required  to  justify  as  required 
by  law  in  arrest  and  bail  proceedings;  provided,  however,  that  in  lieu  of  such 
personal  bond,  the  city  council  or  school  board  may  require  such  bank  or  banks 
to  file  a  surety  company  bond  for  a  sum  equal  to  the  amount  of  funds  such  bank 
may  receive  according  to  the  provisions  of  this  article.  If  at  any  time  the  amount 
of  funds  on  deposit  in  such  depositories  shall  exceed  the  amount  named  in  such 
surety  company  bond,  it  shall  be  the  duty  of  the  city  council  or  school  board  at 
its  next  regular  meeting  thereafter  to  require  from  such  depositories  an  additional 
surety  bond  in  the  sum  of  not  less  than  the  amount  of  such  excess.  Such  surety 
company's  bond  shall  be  approved  as  provided  by  law. 

§  1476.  In  case  bids  are  equal,  how  decided.]  When  two  or  more  banks 
in  the  same  city  or  village,  proposing  to  be  city  or  school  district  depositories, 
offer  the  same  rate  of  interest,  it  shall  be  the  duty  of  the  city  council  or  school 
board  to  select,  impartially,  as  many  of  such  banks  as  depositories  as  offer  am- 
ple security  for  such  deposits.  In  estimating  the  value  of  the  security  offered 
by  any  proposed  depository  the  capital,  surplus  and  general  credit  of  the  bank 
shall  be  taken  into  consideration,  as  well  as  the  bonds  proposed  to  be  given. 

§  1477.  Two  or  more  banks  may  be  designated.]  In  case  two  or  more 
banks  be  designated  as  depositories,  the  city  or  school  district  treasurer  shall, 
as  far  as  practicable,  keep  in  each  of  the  several  depositories  equal  balances  at 
all  times;  provided,  that  in  cities  or  villages  where  two  or  more  banks  are  desig- 
nated as  depositories,  the  amount  deposited  in  any  bank  shall  not  exceed  the 
capital  of  the  banks  in  said  city  or  village,  then  the  city  council  or  school  board 
shall  deposit  the  funds  of  the  city  or  school  district  in  the  banks  of  the  city  or 
village  upon  their  giving  a  bond  according  to  law. 

§  1478.  When  time  deposits  mat  be  made.]  Whenever  there  shall  be 
accumulated  in  the  sinking  fund  or  any  other  revenue,  city  or  school  district  fund, 
established  by  law,  in  any  of  the  cities  or  school  districts  of  this  state,  an  amount 
of  money  exceeding  two  hundred  dollars,  and  for  which  there  is  no  immediate 
use,  the  city  council  or  school  board  of  such  city  or  school  district  is  authorized 
and  empowered  to  direct  a  time  deposit  of  such  funds  for  a  period  of  one  year  or 
six  months,  as  they  may  deem  expedient,  either  in  one  or  more  of  the  city  or  school 
district  depositories  created  by  law,  or  such  state  or  national  bank  as  the  city 
council  or  school  board  may  designate. 

§  1479.  How  depositories  for  time  deposits  are  selected.]  The  deposi- 
tories for  such  time  deposits  of  the  city  or  school  district  funds  may  be  designated 
at  any  regular  meeting  of  the  city  council  or  school  board  of  such  city  or  school 
district  upon  the  advertisement  and  proposals  as  provided  by  law  for  designating 
the  depositories  of  the  general  city  or  school  district  funds,  and  the  bank  or  banks 
designated  as  the  depository  or  depositories  of  such  time  deposits  of  such  city  or 
school  district  funds  shall  be  required  to  furnish  a  bond  in  the  same  amount, 


STATE  OF  NORTH  DAKOTA  99 


manner  and  form  as  prescribed  by  law  for  the  several  city  and  school  district 
depositories. 

§  1480.  Maximum  rate  of  interest  on  call  deposits.]  To  further  secure 
the  safety  of  the  city  or  school  district  funds  deposited  under  the  provisions  of 
this  article  the  city  council  or  school  board  shall  satisfy  itself  of  the  responsibility 
of  the  several  banks  proposing  to  act  as  depositories,  and  any  bank  offering 
more  than  four  per  cent  per  annum  on  deposits,  subject  to  check,  shall  not  be 
designated  as  a  depository  under  the  provisions  of  this  article;  provided,  this  act 
shall  not  apply  to  school  districts  in  incorporated  cities  or  villages. 

§  1481.  In  whose  name  deposited.]  All  funds  in  (of)  the  city  or  school  district 
shall1  be  deposited  in  the  name  of  the  city  or  school  district  by  the  city  treasurer 
or  treasurer  of  the  school  district,  as  soon  as  received  by  him,  in  such  bank  or 
banks  as  shall  have  been  designated  as  city  or  school  district  depositories. 

§  1482.  Penalty  for  violation.]  If  any  city  or  school  district  treasurer 
shall  deposit  any  of  the  funds  of  his  city  or  school  district  or  loan  the  same  in  any 
manner  except  according  to  the  provisions  of  this  article,  he  shall  be  liable  to  a 
penalty  of  five  hundred  dollars  for  each  deposit  or  loan  so  made. 

§  1483.  Banks  to  furnish  monthly  statements.]  Each  depository  shall 
furnish  to  the  city  auditor  or  clerk  of  the  school  district  on  the  first  day  of  each 
month  an  itemized  statement  of  the  account  of  the  city  or  school  district  with 
such  depository,  duly  verified  by  the  affidavit  of  the  cashier  of  such  bank,  which 
statement  shall  be  filed  and  carefully  preserved  in  the  office  of  the  city  auditor 
or  school  clerk.  All  sums  of  interest  accruing  on  the  funds  deposited  as  afore- 
said shall  be  credited  to  such  deposit  account  on  the  first  day  of  each  month 
for  the  preceding  month,  and  a  statement  of  such  interest  shall  be  rendered  by 
such  depository  to  the  city  auditor  or  school  clerk  on  the  first  day  of  each  month 
and  the  auditor  or  clerk  shall  charge  the  treasurer  with  the  amount  thereof  and 
credit  the  sum  to  the  general  fund  of  the  city  or  school  district. 

§  1484.  How  checks  shall  be  signed.]  All  checks  drawn  upon  the  city  or 
school  district  depositories  shall  be  signed  by  the  city  or  school  district  treasurer 
in  the  name  of  the  city  or  school  district,  by  himself  as  treasurer. 

§  1485.  When  bids  not  required.]  It  is  the  duty  of  the  officers  mentioned 
in  this  article  to  comply  wi'h  the  provisions  hereof;  provided,  that  in  cities  or 
villages  where  only  one  bank  is  located,  the  city  council  or  school  board  shall 
designate  such  bank  or  other  bank  within  this  state  the  depository  without  adver- 
tising for  bids,  if  such  bank  agrees  to  pay  interest  at  the  rate  of  at  least  two  per 
cent  per  annum  and  furnishes  a  bond  as  hereinbefore  provided  for  the  safe  keeping 
and  repayment  of  any  funds  deposited  in  such  bank.  In  cities  or  villages  or 
counties  where  there  is  no  bank  or  where  no  bank  offers  to  comply  with  the  re- 
quirements of  this  act,  the  city  council  or  school  board  must  designate  some  bank 
or  banks  outside  of  such  city  or  village  and  within  this  state  as  such  depositories, 
but  [such]  bank  or  banks  must  furnish  a  bond  in  the  same  manner  as  other  de- 
positories. 

§  1486.  Treasurer  not  liable  for  funds  deposited  by  reason  of  bank 
failure.]  When  the  funds  of  any  city  or  school  district  are  deposited  by  the 
city  or  school  district  treasurer  as  provided  herein,  such  treasurer  and  his  sureties 
shall  be  exempt  from  all  liability  thereon  by  reason  of  the  loss  of  any  funds  from 
the  failure,  bankruptcy  or  any  other  act  of  such  bank  to  the  extent  only  of  such 
funds  in  the  hands  of  such  bank  or  banks  at  the  time  of  such  failure  or  bankruptcy. 


LOO  GENERAL  SCHOOL  LAWS 


§  1487.  Exceptions  to  law.]  It  shall  not  be  incumbent  upon  the  city 
council  or  school  board  to  designate  depositories  as  herein  provided  for  until  the 
amount  in  such  city  or  school  treasury  equals  or  exceeds  the  sum  of  five  hundred 
dollars. 

§  1488.  Violation  constitutes  misdemeanor.]  Any  officer  violating  any 
of  the  provisions  of  this  article  shall  be  deemed  guilty  of  a  misdemeanor. 

CONSTRUCTION  OF  SCHOOL  BUILDINGS  AND  INSPECTION, 
VENTILATION  AND  SANITATION  THEREOF. 

§  14S9.  Buildings  inspected.  Plans  and  specifications  to  be  sub- 
mitted to  superintendent  of  public  instruction.]  No  building  which  is 
designed  to  be  used,  in  whole  or  in  part,  as  a  public  school  building,  shall  be  erected 
until  a  copy  of  the  plans  thereof  has  been  submitted  to  the  state  superintendent 
of  public  instruction,  who  for  the  purposes  of  carrying  out  the  provisions  of  this 
act  is  hereby  designated  as  inspector  of  said  public  school  building  plans  and 
specifications,  by  the  person  causing  its  erection  or  by  the  architect  thereof;  such 
plans  shall  include  the  method  of  ventilation  provided  for,  and  a  copy  of  the 
specifications  therefor. 

§  1490.  Construction  of  school  houses.]  Such  plans  and  specifications 
shall  show  in  detail  the  ventilation,  heating  and  lighting  of  such  building.  The 
state  superintendent  of  public  instruction  shall  not  approve  any  plans  for  the 
erection  of  any  school  building  or  addition  thereto  unless  the  same  shall  provide 
at  least  twelve  square  feet  of  floor  space  and  two  hundred  cubic  feet  of  air  space 
for  each  pupil  to  be  accommodated  in  each  study  or  recitation  room  therein. 

(1)  Light  shall  be  admitted  from  the  left  or  from  the  left  and  rear  of  class 
rooms  and  the  total  light  area  must,  unless  strengthened  by  the  use  of  reflecting 
lenses  be  equal  to  at  least  20  per  cent  of  the  floor  space. 

(2)  All  ceilings  shall  be  at  least  twelve  feet  in  height. 

(3)  No  such  plans  shall  be  approved  by  him  unless  provision  is  made  therein  for 
assuring  at  least  30  cubic  feet  of  pure  air  every  minute  per  pupil  and  warmed  to 
maintain  an  average  temperature  of  70  degrees  F.  during  the  coldest  winter 
weather,  and  the  facilities  for  exhausting  the  foul  or  vitiated  air  therein  shall  be 
positive  and  independent  of  atmospheric  changes.  No  tax  voted  by  a  district 
meeting  or  other  competent  authority  in  any  such  city,  village  or  school  district, 
exceeding  the  sum  of  two  thousand  dollars  ($2,000.00)  shall  be  levied  by  the  trus- 
tees until  the  state  superintendent  of  public  instruction  shall  certify  that  the  plans 
and  specifications  for  the  same  comply  with  the  provisions  of  this  act.  All  school 
houses  for  which  plans  and  detailed  specifications  shall  be  filed  and  approved, 
as  required  by  this  act,  shall  have  all  halls,  doors,  stairways,  seats,  passageways 
and  aisles  and  all  lighting  and  heating  appliances  and  apparatus  arranged  to 
facilitate  egress  in  case  of  fire  or  accident  and  to  afford  the  requisite  and  proper 
accommodations  for  public  protection  in  such  cases.  All  exit  doors  shall  open 
outwardly,  and  shall  if  double  doors  be  used,  fasten  with  movable  bolts  operated 
simultaneously  by  one  handle  from  the  inner  face  of  the  door.  No  staircase 
shall  be  constructed  with  wider  steps  in  lieu  of  a  platform,  but  shall  be  constructed 
with  straight  runs,  changes  in  direction  being  made  by  platform.  No  doors  shall 
open  immediately  upon  a  flight  of  stairs,  but  a  landing  at  least  the  width  of  the 
door  shall  be  provided  between  such  stairs  and  such  doonvay. 


STATE  OF  NORTH  DAKOTA  101 


(4)  Every  public  school  building  shall  be  kept  clean  and  free  from  affluvia 
arising  from  any  drain,  privy  or  nuisance,  and  shall  be  provided  with  sufficient 
number  of  proper  water  closets,  earth  closets  or  privies,  and  shall  be  ventilated 
in  such  a  manner  that  the  air  shall  not  become  so  impure  as  to  be  injurious  to 
health. 

§  1491.  Toilet  rooms.  How  constructed.]  No  toilet  rooms  shall  be 
constructed  in  any  public  school  building  unless  same  has  outside  ventilation 
and  windows  permitting  free  access  of  air  and  light.  The  provisions  of  this  act 
shall  be  enforced  by  the  state  superintendent  of  public  instruction  or  some  person 
designated  by  him  for  that  purpose. 

§  1492.  Method  of  inspection  and  adjustment  of  grievances.]  If  it 
appears  to  the  state  superintendent  of  public  instruction  or  his  deputy  appointed 
for  that  particular  purpose;  that  further  or  different  sanitary  or  ventilating  pro- 
visions, which  can  be  provided  without  unreasonable  expense,  are  required  in 
any  public  school  building,  he  may  issue  a  written  order  to  the  proper  person  or 
authority,  directing  such  sanitary  or  ventilating  provisions  to  be  provided.  A 
school  committee,  public  officer  or  person  who  has  charge  of  any  such  public 
school  building,  who  neglects  for  four  weeks  to  comply  with  the  order  of  said 
state  superintendent  of  public  instruction  or  his  deputy,  shall  be  punished  by  a 
fine  of  not  less  than  one  hundred  dollars  nor  more  than  one  thousand  dollars. 

(1)  Whoever  is  aggrieved  by  the  order  of  the  state  superintendent  of  public 
instruction  or  his  deputy  issued  as  above  provided,  and  relating  to  a  public  school 
building,  may  within  thirty  days  after  the  service  thereof,  apply  in  writing  to 
the  board  of  health  of  the  city,  town,  incorporated  village  or  school  district  to 
set  aside  or  amend  the  order;  and  thereupon  the  board,  after  notice  to  all  parties 
interested,  shall  give  a  hearing  upon  such  order,  and  may  alter,  annul  or  affirm  it. 

§  1493.  Ventilating  flues  and  method  of  constructing  same.]  No 
wooden  flue  or  air  duct  for  heating  or  ventilating  purposes  shall  be  placed  in  any 
building  which  is  subject  to  the  provisions  of  this  act,  and  no  pipe  for  conveying 
hot  air  or  steam  in  such  building  shall  be  placed  or  remain  within  one  inch  of 
any  wood-work,  unless  protected  by  suitable  guards  or  casings  of  incombustible 
material. 

§    1494.        APPROVAL   OF    PLANS.        1$Y  WHOM   AND   PENALTY   FOR  VIOLATION.J       To 

secure  the  approval  of  plans  showing  the  method  or  systems  of  heating  and  ven- 
tilation as  provided  for  inSec.  1490  the  foregoing  requirements  must  be  guaranteed 
in  the  specifications  accompanying  the  plans.  Hereafter  erections  or  construc- 
tions of  public  school  buildings  by  architect  or  other  person  who  draws  plans  or 
specifications  or  superintends  the  erection  of  a  public  school  building,  in  violation 
of  the  provisions  of  this  act,  shall  be  punished  by  a  fine  of  not  less  than  one  hundred 
dollars  nor  more  than  one  thousand  dollars. 

TEACHERS'  INSURANCE  AND  RETIREMENT  FUND. 

§  1495.  Creation  of  fund  and  membership  of  board.]  There  is  created 
a  teachers'  insurance  ami  retirement  fund,  which  shall  be  managed  by  a  board 
of  trustees  to  be  known  as  the  board  of  trustees  of  the  teachers'  insurance  and  re- 
tirement fund.  Such  board  shall  consist  of  five  members.  The  state  treasurer 
and  the  state  superintendent  of  public  instruction  shall  be  ex-officio  members  of 
said  board;  three  members,  one  of  whom  shall  be  a  woman,  shall  be  appointed 


102  GENEEAL  SCHOOL  LAWS 


by  the  governor  from  among  the  members  of  the  teachers'  retirement  fund  as 
provided  for  in  this  act.  One  such  appointive  member  may  be  a  retired  member 
of  the  fund.  The  term  of  office  of  the  appointive  members  of  said  board  of  trus" 
tees  shall  be  three  years,  except  as  provided  herein,  and  shall  begin  on  the  first 
day  of  July,  next  succeeding  their  appointment;  provided  that  the  terms  of  office 
of  the  first  members  appointed  shall  be  one  for  a  period  of  one  year,  and  one  for 
a  period  of  two  years,  and  one  for  a  period  of  three  years. 

§  1496.  Annual  meeting  of  members.]  At  the  time  and  place  of  the  meet- 
ing of  the  North  Dakota  State  Education  Association,  those  teachers  who  have 
qualified  as  members  of  the  teachers'  insurance  and  retirement  fund  according 
to  Sections  1505,1506,  and  1507  of  this  act,  shall  meet  for  the  purpose  of  hearing 
the  report  of  the  board  created  by  Section  1495  of  this  act,  and  of  transacting 
such  other  business  as  may  properly  come  before  them. 

§  1497.  Vacancies.]  In  case  any  vacancy  occurs  among  the  members  of 
the  board,  said  vacancy  shall  be  filled  immediately  by  the  governor,  and  the  ap- 
pointee shall  serve  the  balance  of  the  term  for  which  the  original  member  was 
appointed. 

§  1498.  Organization  of  the  board.]  Said  bbard  of  trustees  shall  organize 
by  the  election  of  a  president.  The  state  treasurer  shall  be  ex-officio  treasurer 
of  said  board,  and  shall  receive  and  make  payments  from  and  account  for  said 
funds  in  the  same  manner  as  for  other  state  funds.  Said  board  may  employ  a 
secretary  to  be  chosen  for  such  a  term  as  shall  be  determined  by  said  board. 
Said  secretary  shall  perform  such  duties  in  connection  with  the  teachers'  insur- 
ance and  retirement  fund  as  may  be  prescribed  by  the  board. 

§  1499.  Meetings  and  regulations.]  Said  board  shall  meet  annually 
within  three  months  after  July  first  of  each  year,  at  the  office  of  the  superintend- 
ent of  public  instruction,  at  a  time  to  be  fixed  by  the  board,  and  at  any  other 
time  on  the  call  of  the  president  or  any  two  members  thereof.  Said  board  shall 
adopt  rules  for  the  government  of  its  meetings  and  for  the  membership  in  the 
fund,  payments  thereto  and  therefrom,  and  for  other  matters  which  will  be 
calculated  to  aid  teachers  in  securing  the  benefit  of  the  fund. 

§  1500.  Compensation  and  secretary.]  Members  of  said  board  shall 
receive  no  compensation  except  their  necessary  traveling  expenses  incurred  in 
attending  the  meetings,  to  be  paid  from  the  teachers'  insurance  and  retirement 
fund  upon  the  certificate  of  the  president  and  secretary;  but  if  the  board  shall 
elect  one  of  its  members  secretary,  such  member  may  receive  compensation  for 
services  rendered  as  secretary.  The  secretary  of  said  board  shall  receive  a  salary 
to  be  fixed  by  the  board,  at  an  amount  not  to  exceed  twelve  hundred  dollars  per 
annum.  The  compensation  of  the  secretary  and  any  other  necessary  expenses 
incurred  by  said  board  in  carrying  out  the  provisions  of  this  act  shall  be  paid  from 
the  fund. 

§  1501.  Investment  of  funds.]  Said  board  shall  have  charge  of  the  fund 
and  shall  invest  the  same  under  the  same  conditions  as  the  trust  funds  of  the  state 
may   be   invested. 

§  1502.  Annual  report.]  On  or  before  the  first  day  of  October  of  each 
year,  said  board  shall  report  for  the  fiscal  year  ending  the  thirtieth  of  June  pre- 
ceding. A  copy  of  said  report  shall  be  transmitted  to  the  annual  meeting  of  the 
members  of  the  teachers'  insurance  and  retirement  fund  and  to  the   state  super- 


STATE  OF  NOETH  DAKOTA  103 


intendent  of  public  instruction.  Said  superintendent  shall  include  a  copy  of 
said  report  in  his  biennial  report  to  the  governor. 

§  1503.  Retention  of  assessments.]  Each  school  district  board,  each 
board  of  education,  or  other  managing  body  of  each  city,  and  of  each  school  dis- 
trict, and  of  each  village,  and  of  each  town  operating  its  schools  under  the  town- 
ship system  of  school  government,  shall  retain  on  every  pay  day  from  the  salary 
of  each  teacher  in  their  respective  schools  the  amounts  herein  provided.  Each 
teacher  shall  be  furnished  a  statement  by  such  board,  showing  the  amount 
so  deducted  from  his  or  her  salary.  In  like  manner,  each  county  superintendent 
and  assistant  county  superintendent  who  has  come  within  the  provisions  of  the 
law  must  authorize  the  county  board  of  commissioners  to  deduct  the  proper 
assessment  from  each  of  the  twelve  monthly  payments  of  his  salary. 

§  1504.  Amount  of  assessments.]  Every  teacher  who  has  joined  the  fund 
shall  be  assessed  upon  his  or  her  salary  as  teacher  for  a  period  of  twenty-five 
years  as  follows:  one  per  centum  per  annum,  but  not  more  than  twenty  dollars 
per  year,  for  each  of  the  first  ten  years  of  service  as  a  teacher,  and  two  per  centum 
per  annum,  but  not  more  than  forty  dollars  per  year  for  each  successive  year  of 
service  as  teacher,  until  said  teacher  shall  have  had  a  total  of  twenty-five  years 
of  teaching  service,  when  said  assessments  shall  cease.  The  total  amount  paid 
into  said  fund  by  each  teacher  shall  be  based  upon  said  twenty-five  years  of 
service  as  teacher  with  assessments  as  provided  in  this  section;  provided  that  such 
total  amount  shall  not  be  less  than  the  full  amount  of  the  annuity  to  which  such 
teacher  shall  be  entitled  for  the  first  year. 

§  1505.  All  new  teachers  assessed  after  January  1,  1914.]  In  becoming 
a  teacher  in  said  public  schools  after  January  1,  1914,  he  or  she  shall  be  conclu- 
sively deemed  to  join  the  fund  and  to  undertake  and  agree  to  pay  such  assess- 
ments, and  to  have  such  assessments  deducted  from  his  or  her  salary  as  herein 
provided. 

§  1506.  Assessments  optional  for  teachers  now  teaching  in  the  state.] 
Any  person  employed  as  teacher  in  said  public  schools  when  this  act  takes  effect, 
may,  at  any  time  before  January  1,  1917,  elect  to  join  the  fund  and  to  come  within 
the  provisions  of  this  act,  by  notifying  in  writing  the  board  of  trustees  of  the 
teachers'  insurance  and  retirement  fund  before  January  first,  1917. 

§  1507.  Notification  by  teacher.]  At  the  time  of  giving  said  notice  to 
the  board  of  trustees,  as  herein  provided,  such  teacher  shall  notify  the  local 
school  board  or  any  other  managing  body,  in  writing,  of  his  or  her  election  to 
come  within  the  provisions  of  this  act;  and  shall  authorize  said  school  board,  as 
a  part  of  said  notice,  to  deduct  from  each  payment  of  salary  due  him  or  her  a 
sum  equal  to  said  per  centum  of  such  payment  as  provided  in  Section  1504. 

§  1508.  Transmission  of  money  to  county  treasurer.]  Each  such  school 
district  board,  each  board  of  education,  or  other  managing  body,  and  each  board 
of  county  commissioners,  shall  each  year,  between  the  20th  and  the  30th  days 
of  June,  forward  to  the  treasurer  of  the  county  in  which  the  school  house  of 
said  teacher  is  located,  a  statement  verified  by  the  secretary,  the  clerk,  or  the 
auditor  thereof,  of  the  moneys  so  retained,  in  accordance  with  the  provisions  of 
this  act  together  with  said  moneys  so  retained.  Said  statement  shall  also 
include  the  following:  Name  and  monthly  salary  of  each  of  said  teachers;  num- 
ber of  months  of  school  taught  by  each  teacher  in  said  public:  schools  of  the  dis- 
trict, village,  city,  or  county  over  which  said  school  board  or  other  managing  body 


104  GENERAL  SCHOOL  LAWS 


has  jurisdiction  during  the  school  year  for  which  the  statement  is  made;  the 
number  of  months  constituting  a  school  year  in  each  such  district,  village,  cily 
or  county;  the  total  salary  of  each  teacher;  the  total  amount  withheld  from  the 
salary  of  each  teacher,  in  accordance  with  the  provisions  of  this  act;  the  total 
amount  withheld  from  the  salaries  of  all  of  said  teachers  for  the  school  year 
next  preceding,  and  the  total  number  of  years  such  teacher  has  taught  in  the 
public  schools   of  the  state. 

§  1509.  Statements  to  be  sent  to  county  superintendent  and  county 
auditor.]  Said  school  board  shall  at  the  same  time  send  a  copy  of  said  state- 
ment to  the  superintendent  of  the  county  in  which  said  school  house  is  located, 
and  also  a  duplicate  copy  of  the  same  to  the  auditor  of  said  county. 

§  1510.  Statement  to  be  sent  in  all  cases.]  If  no  teacher  in  such  city, 
village,  town  or  school  district  comes  under  the  provisions  of  this  act,  the  school 
board  or  other  managing  body  of  such  city,  village,  town  or  school  district,  shall 
state  this  fact  under  the  oath  of  the  secretary  or  the  clerk  thereof,  to  the  treas- 
urer of  said  county;  and  shall  at  the  same  time  forward  copies  of  said  statement 
to  the  superintendent  of  said  county  and  to  the  auditor  of  said  county. 

§  1511.  Reports  to  be  made  to  the  board.]  Each  county  superintendent 
shall  each  year,  between  the  30th  day  of  June  and  the  10th  day  of  July,  report 
under  oath  to  the  board  of  trustees  of  the  teachers'  insurance  and  retirement 
fund.  Said  report  shall  contain  an  itemized  account  of  the  statements  received 
by  him  from  the  school  boards  and  a  statement  of  the  total  amount  withheld 
from  the  salaries  of  all  of  the  said  teachers  in  said  report. 

§  1512.  Reports  to  be  preserved.]  The  board  of  trustees  of  the  teachers' 
insurance  and  retirement  fund,  each  county  superintendent,  each  county  auditor, 
each  county  treasurer,  each  school  district  board,  each  town  board  of  education, 
or  other  managing  body,  shall  keep  complete  records  of  the  data  contained  in 
said  reports  and  of  the  statements  hereinbefore  mentioned. 

§  1513.  Transmission  of  funds  to  the  state  treasurer.]  Between  the 
15th  day  of  July  and  the  1st  day  of  August  of  each  year,  the  county  treasurer 
shall  transmit  to  the  state  treasurer  all  moneys  which  he  has  received  from  the 
school  boards  and  from  the  boards  of  county  commissioners  in  accordance  with 
the  provisions  of  this  act  in  the  same  manner  that  other  moneys  are  transmitted 
to  the  state  treasurer;  and  shall  certify  under  oath  to  the  board  of  trustees  of  the 
teachers'  insurance  and  retirement  fund  the  amount  so  received  and  transmitted 
to  the  state  treasurer  as  herein  provided.  The  state  treasurer  shall  credit  all 
moneys  received  under  the  provisions  of  this  act  to  the  fund  designated  as  the 
teachers'  insurance  and  retirement  fund. 

§  1514.  Penalty  for  failure  to  report  and  transmit  funds.]  No  city, 
village,  town  or  school  district  shall  share  in  the  apportionment  of  the  state 
tuition  fund  for  any  year,  unless  it  has  made  the  report  as  herein  provided  and 
paid  over  to  the  state  treasurer  for  the  teachers'  insurance  and  retirement  fund 
such  per  centum  as  provided  in  Section  1504  of  the  total  sum  paid  in  wages  to  such 
teachers  as  come  under  the  provisions  of  this  act,  and  also  the  portion  of  the 
county  tuition  fund  described  in  Section  1515. 

§  1515.  Fund  to  be  set  aside  from  county  tuition  fund  and  trans- 
mitted to  state  treasurer.]  Each  county  treasurer  shall  annually  set  aside 
from  the  county  tuition  fund  a  sum  equal  to  ten  cents  for  each  child  of  school 
age  in  his  county  and  shall  transmit  this  sum  to  the  state  treasurer  in  the  same 


STATE  OF  NORTH  DAKOTA  105 


manner  that  others  are  transmitted  to  the  state  treasurer  at  the  same  time  that 
he  transmits  the  funds  received  from  the  school  hoards  and  the  boards  of  county 
commissioners  in  accordance  with  Section  1513,  and  shall  certify  under  oath  to  the 
hoard  of  trustees  of  the  teachers'  insurance  and  retirement  fund  the  amount  mi 
transmit  led  to  the  state  treasurer.  The  state  treasurer  shall  credit  all  moneys 
received  in  accordance  with  this  section  to  the  fund  designated  as  the  teachers' 
insurance  and  retirement  fund. 

§  1516.  Name  of  fund.]  The  moneys  received  by  the  state  treasurer  under 
the  provisions  of  Sec.  1513  and  1  515  of  this  act,  together  with  donations  or  legacies 
received  therefor,  or  moneys  received  from  any  legal  source  of  increment,  shall 
constitute  a  fund  to  be  known  as  the  "teachers'  insurance  and  retirement  fund." 

§  1517.  Payment  of  back  assessments.]  Any  tether  coming  from  schools 
iiitl  included  under  the  provisions  of  this  act  shall  pay  assessments  for  said  years 
of  service  in  such  schools,  as  provided  in  Section  1504,  based  upon  his  or  her  first 
annual  salary  in  said  public  schools  of  the  state,  together  with  the  regular  assess- 
ments as  provided  in  Section  1504,  before  receiving  any  retirement  annuity. 

§  1518.  Retirement  of  teachers  who  are  eligible  to  annuity.]  Any 
teacher  who  may  be  teaching  in  said  public  schools  and  who  lias  complied  with 
the  provisions  of  these  sections  may  retire  and  receive  the  annuity  provided  for 
in    the   following   cases: 

1.  After  a  period  or  periods  aggregating  twenty-five  years  of  service  as  teacher, 
of  which  eighteen  years,  including  the  last  five,  must  have  been  spent  in  public- 
schools  of  tins  state,  provided  that  payments  by  said  teacher  to  the  fund  shall  have 
amounted  to  a  sum  as  provided  in  Section  1504.  If  said  payments  shall  not  have 
amounted  to  said  sum,  the  teacher  shall  pay  into  the  fund  the  deficiency  before 
receiving  said  annuity. 

2.  After  fifteen  years  of  service  as  teacher  in  the  public  schools  of  this  state, 
when  said  teacher  suffers  from  a  permanent  mental  or  physical  diasabilily,  to  be 
determined  by  said  board  after  an  examination  by  two  physicians  appointed 
by  said  board,  provided  that  payments  by  said  teacher  to  the  fund  shall  have 
amounted  to  a  Mini  as  provided  in  Section  1504.  If  said  payments  shall  not  have 
amounted  to  said  sum,  the  teacher  shall  pay  into  the  fund  the  deficiency  before 
receiving  the  annuity.  The  examination  fees  of  Such  physician  shall  be  paid  by 
said  applicant. 

§  1519.  Legal  school  yeah  defined.]  In  computing  the  terms  of  service 
under  Section  lolS,  a  year  shall  be  a  legal  school  yearal  the  time  and  place  where 
said  service  was  rendered,  except  that  where  the  service  was  rendered  in  schools 
not  included  within  the  provisions  of  this  act,  a  time  less  than  a  legal  school 
year  in  this  state  shall  not  be  included  as  a  year,  but  only  as  such  proportion  of  a 
year  as  the  number  of  teaching  weeks  in  each  such  year  bears  to  the  uumber  of 
weeks  reqi  ired  at  the  time  to  constitute  a  legal  school  year  in  this  state. 

$  1520.  Applications  co  mi-,  hoard.]  Any  person  who  has  complied  with 
the  provisions  of  this  ad  and  desires  to  retire  from  active  service  in  said  public 
schools,  shall  apply  in  writing  to  the  board  of  trustees  of  the  teachers'  insurance 
and    retirement    fund. 

§  1521.  Amoivi  or  'NNUITY.]  Kaeh  teacher  retiring  from  I  he  service  of 
said  public  schools  under  the  provisions  of  Section  1518,  shall  annually  and  for  life 
he  entitled  to  receive  as  annuity  a  sum  equal  to  one-fiftieth  of  his  or  her  average 
annual  salary  for  the  last  five  years  of  service,  multiplied  by  the  whole  number  of 


106  GENERAL  SCHOOL  LAWS 


years  of  service  as  teacher;  provided,  however,  that  his  said  annuity  shall  not  exceed 
seven  hundred  and  fifty  dollars  in  any  one  year,  or  be  less  than  three  hundred 
and  fifty  dollars  in  any  one  year,  subject,  however,  to  all  the  provisions  of  this 
act. 

§  1522.  Trustees  may  ratably  diminish  annuities.]  The  board  of  trus- 
tees may  ratably  reduce  the  annuities  provided  in  this  act,  whenever  in  the 
judgment  of  the  board,  the  condition  of  the  fund  shall  require  such  reduction. 

§  1523.  Withdrawals  from  membership  in  the  fund.]  Any  teacher  who 
shall  cease  to  teach  in  said  public  schools  before  receiving  any  benefit  or  annuity 
from  the  fund,  shall,  if  application  be  made  in  writing  to  the  board  of  trustees 
within  six  months  after  the  date  of  his  or  her  resignation,  be  entitled  to  the 
return  of  one-half  the  amount,  without  interest,  which  shall  have  been  paid  into  the 
fund  by  such  teacher.  If  such  teacher  should  again  thereafter  teach  in  said  public- 
schools,  he  or  she  shall,  within  one  year  from  the  date  of  his  or  her  return  to 
the  service  in  said  public  schools,  refund  to  said  fund  the  amount  so  returned  to 
such  teacher,  together  with  simple  interest  on  said  amount  (but  not  to  exceed 
four  per  centum  per  annum)  for  the  time  such  amount  was  withdrawn  from  the 
fund. 

§  1524.  Annuities  to  be  paid  quarterly.]  The  state  treasurer  shall  pay 
said  annuities  quarterly  in  September,  December,  March  and  June  of  each  year, 
upon  the  warrants  of  the  state  auditor  issued  upon  certificates  of  the  president 
and  secretary  of  said  board.  No  payments  shall  be  made  prior  to  September, 
1915. 

§  1525.  Annuities  paid  from  interest  and  principal.]  Payments  from 
the  fund  shall  be  made  from  the  income  thereof  and  in  addition  thereto,  when 
necessary,  from  the  principal  of  moneys  received  under  Sections  1513  and  1515. 

§  1526.  Annuities  to  cease  upon  resumption  of  teaching.]  Any  person 
retiring  under  these  sections  may  again  enter  upon  the  work  of  teaching  in  said 
public  schools;  during  said  term  of  teaching  the  annuity  paid  to  such  person 
shall  cease.  Said  annuity  shall  again  be  paid  to  said  person  upon  his  or  her 
further  retirement. 

§  1527.  Annuities  not  subject  to  legal  process.]  The  annuities  so 
created  shall  not  be  subject  to  attachment,  garnishment,  execution,  or  other 
seizure  on  [or]  process,  nor  shall  they  be  subject  to  sale,  assignment,  pledge, 
mortgage,  or  other  alienation. 

§  1528.  The  term  "teacher"  defined  for  the  act.]  The  term  "teacher", 
as  used  in  this  act,  shall  include  all  persons  employed  in  teaching  by  any  city 
board  of  education,  or  school  board  or  other  managing  body  of  any  city,  town, 
village,  or  rural  school  district  in  this  state,  and  all  superintendents  and  assistant 
superintendents  of  said  schools,  including  county  superintendents  and  their  assist- 
ants, all  supervisors  of  instruction,  all  principals  and  assistant  principals,  and 
special   teachers   of   said   schools. 

SCHOOL   OFFICIALS    AND    TEACHERS    PROHIBITED    FROM 
RECEIVING  COMMISSION. 

§  1529.  Misdemeanor  to  receive  commission,  fee  or  reward.]  Every 
county  superintendent  of  schools,  deputy  thereof,  school  district  directors,  clerk, 
treasurer,  principal  of  a  school  or  teacher  therein  who  shall  receive  any  commis- 


STATE  OF  NORTH  DAKOTA  107 


sions,  fee  or  r  ward  for  or  on  account  of  any  school  books,  furniture  or  other  sup- 
plies purchased  during  the  incumbency  of  such  official,  principal  or  teacher  for 
the  use  of  the  school  district  or  school  under  the  supervision  of  such  official,  prin- 
cipal or  teacher,  is  guilty  of  a  misdemeanor  and  upon  conviction  thereof  shall 
be  punished  by  a  fine  of  not  less  than  fifty  dollars  and  not  exceeding  five  hundred 
dollars  and  may  be  removed  from  his  office. 

STATE  LIBRARY  COMMISSION.     (Session  Laws  1915.) 

§  1531.  Commission.  By  whom  composed.  Salary  of  librarian.  Abol- 
ishing commission.]  The  governor,  state  superintendent  of  public  instruc- 
tion, secretary  of  state,  state  auditor  and  the  commissioner  of  agriculture  and 
labor  shall  constitute  the  state  library  commission.  The  commission  shall 
appoint  an  executive  officer  to  be  known  as  the  secretary  of  the  library  commis- 
sion, who  shall  receive  an  annual  salary  of  eighteen  hundred  dollars  per  year, 
who  shall  have  control  of  the  work  and  shall  be  the  director  of  the  library  ex- 
tension, provided,  however,  that  if  this  legislative  assembly  enacts  a  law  cre- 
ating a  board  of  regents  to  control  all  state  educational  institutions,  then  this 
commission  shall  be  abolished  and  such  board  of  regents  shall  assume  and  take 
over  all  the  duties  of  the  commission  as  a  part  of  the  duties  of  said  board  of 
regents. 

§404.  County  board  of  health.  How  composed.  (Session  Laws  1915).] 
There  is  hereby  established  county  boards  of  health,  composed  of  a  president, 
vice-president  and  superintendent;  the  state's  attorney  in  each  county  shall  be 
president  of  the  county  board;  the  county  superintendent  of  schools  shall  be 
vice-president,  and  the  board  of  county  commissioners  shall  at  the  first  meet- 
ing of  the  board  each  year  appoint  a  superintendent  of  public  health  for  the 
county,  who  shab  be  learned  in  medicine,  and  hold  a  license  to  practice  med- 
icine and  surgery  within  the  state,  and  the  several  persons  appointed  shall  hold 
their  offices  for  one  year  and   until  their  successors  a  e  elected  and   qualified. 

Provided,  however,  that  whenever  the  state  board  of  health  has  reason  to 
believe  that  the  county  superintendent  of  public  health  is  failing  to  perform 
his  duties  as  prescribed  by  law  they  may  report  the  case  to  the  board  of  county 
commissioners,  and  the  latter  may,  after  proper  hearing,  at  their  next  meeting 
declare  the  office  vacant,  and  appoint  another  physician  in  his  place  for  the 
remainder  of  the  unexpired  term. 

NON-PARTISAN  ELECTIONS. 

§  907.  No  party  ballots.]  In  all  petitions  and  affidavits  to  be  filed  by 
or  in  behalf  of  any  candidate  for  nomination  at  any  primary  election  to  the 
offices  of  state  superintendent  of  public  instruction  and  county  superintendents 
of  schools,  no  reference  shall  be  made  to  any  party  ballot  or  to  the  party  af- 
filiation of  such  candidate. 

§  908.  Separate  ballots  for  school  nominations.]  At  all  primary  elec- 
tions at  which  candidates  for  the  offices  herein  referred  to  are  to  be  nominated, 
there  shall  be  separate  ballots,  which  ballots  shall  be  entitled,  "Non-partisan 
school  ballot,"  and  the  names  of  such  candidates  shall  be  placed  thereon  with- 
out  party    designation,    and    there    shall    be    designated    thereon    the    number   of 


10S  GENEEAL  SCHOOL  LAWS 


persons  to  be  elected  to  each  office.  Except  as  herein  provided,  this  ballot 
shall  be  prepared,  printed,  distributed,  canvassed  and  returned  in  the  manner 
now  provided  by  law  for  primary  election  ballots,  and  shall  be  delivered  to  each 
elector  by  the  proper  election  officers  and,  where  there  are  three  or  more  can- 
didates for  the  same  office,  the  two  candidates  receiving  the  highest  number 
of  votes  for  such  office  shall  be  duly  nominated  thereto,  and  where  there  are 
only  two  candidates  for  the  same  office,  both  candidates  shall  be  duly  nomi- 
nated thereto. 

§  909.  Ballots  at  general  election.]  At  the  general  election  there  shall 
be  a  separate  ballot  upon  which  shall  be  placed  the  names  of  all  candidates 
who  have  been  nominated  as  herein  provided,  which  ballot  shall  be  entitled 
"School  Ballot,"  and  the  names  of  all  such  candidates  shall  be  placed  thereon 
without  party  designation,  and  there  s'  all  be  designated  thereon  the  number 
of  candidates  for  each  office  for  whom  each  elector  is  entitled  to  vote.  Ex- 
cept as  hereinafter  provided,  this  ballot  shal  be  prepared,  printed,  distributed, 
canvassed  and  returned  in  the  manner  now  provided  by  law  for  general  elec- 
tion ballots.  This  ballot  shall  be  delivered  to  each  elector,  and  the  candidates 
for  each  office  on  such  "Non-partisan  school  ballot"  receiving  the  highest  num- 
ber of  votes  shall  be  duly  elected  to  such  office. 

CARE  OF  BLIND  CHILDREN. 

§  1707.  Until  there  shall  have  been  established  by  law  in  this  state  an  in- 
stitution for  the  care,  maintenance  and  instruction  of  blind  children  under 
school  age  the  board  of  control  of  state  institutions  shall  have  power  to  pro- 
vide for  such  care,  maintenance  and  instruction  of  such  children  residing  in 
this  state  in  a  suitable  institution  inside  or  without  the  state,  in  any  case  where 
by  reason  of  lack  of  means  or  other  cause,  the  parent  or  parents  of  such  children 
may  be  unable  to  properly  care  for,  maintain  and  instruct  them  until  they  reach 
school  age. 

§  170S.  For  the  purpose  of  providing  such  care,  maintenance  and  instruc- 
tion, the  said  board  of  control  shall  have  power  to  contract  with  any  suitable 
institution  for  the  care,  maintenance  and  instruction  of  such  children  and  to 
provide  for  their  transportation  to  and  from  the  same. 

INMATES  OF  INSTITUTION  FOR  FEEBLE  MINDED. 

§  1714.  Who  may  receive  benefits  of  school.]  All  feeble  minded  per- 
sons residents  of  this  state,  who,  in  the  opinion  of  the  superintendent,  are  of 
suitable  age  and  capacity  to  receive  instruction  in  the  Institution  for  Feeble 
Minded,  and  whose  defects  prevent  them  from  receiving  proper  training  in 
the  public  schools  of  the  state,  and  all  idiotic  and  epileptic  persons  resident  of 
this  state,  may  be  admitted  to  and  receive  the  benefits  of  the  institution,  sub- 
ject, to  payment  of  the  sums  hereinafter  provided,  and  to  such  rules  and  regula- 
tions as  may  be  made  by  the  Board  of  Control;  provided,  however,  that  any 
inmate  of  such  institution  shall  not  be  removed  therefrom,  except  upon  a  writ- 
ten recpiest  of  the  parent,  parents,  guardian  or  custodian  of  such  inmate,  which 
said  request  must  receive  the  approval  of  the  superintendent  before  such  in- 
mate can  be  removed.      But    any  feeble  minded  person  who  is  offensive  to  the 


STATE  OF  NORTH  DAKOTA  ln't 


public  peace  or  to  good  morals,  and  who  is  a  proper  subject  for  classification 
and  discipline  in  the  institution,  may  be  committed,  on  pursuing  the  same  course 
of  legal  commitment  as  govern  admissions  to  the  State  Hospital  for  the  Insane. 
Such  commitment  shall  comply  with  such  rules  and  regulations  as  may  be  made 
by  the  Hoard  of  Control,  and  shall  be  accompanied  by  the  certificate  of  indi- 
gence, as  provided  in  Sections  1717  and   1718  of  Compiled   Laws  of  1913. 

APPROPRIATION  REQUESTS  TO  BE  PRINTED. 

§  1739.  Required  of  boards.]  The  boards  of  trustees  of  the  State  Uni- 
versity at  Grand  Forks,  the  Agricultural  College  at  Fargo,  the  State  Normal 
Schools,  the  Normal  and  Industrial  School  at  Ellendale,  the  Science  School 
at  Wahpelon,  and  the  School  of  Forestry  at  Bottineau,  shall  prepare  and  sub- 
mit to  the  state  board  of  education  on  or  before  November  15  preceding  each 
biennial  session  of  I  lie  legislature,  in  duplicate  form,  a  carefully  itemized  state- 
ment of  the  needs  of  the  institutions  under  the  direction  of  the  above  boards 
for  the  biennial  period. 

§  1740.  Contents  of  statements.]  (a)  The  statements  shall  show  es- 
timated receipts  for  all  sources,  and  the  estimated  expenditures  for  maintenance, 
not  including  expenditures  for  buildings  and  other  permanencies  for  the  bien- 
nial period. 

(b)  The  statements  shall  also  show  the  appropriations  necessary  for  build- 
ings, other  permanencies,  such  maintenance  as  is  needed  over  and  above  esti- 
mated income,  and  the  specific  amounts  asked  for  in  the  form  of  appropriations 
for  such  purposes. 

(c)  It  is  further  provided  that  the  legislature  shall  make  no  appropriations 
for  purposes  not  presented  in  the  general  requests  of  the  institutions  at  the 
time   required   in   Section  1739. 

§  1741.  Publication.]  Upon  receipt  of  these  statements  from  the  boards 
enumerated  in  section  1739  of  this  act  the  governor  shall  immediately  have  the 
same  printed  in  one  pamphlet  and  distributed  to  members  and  members-elecl 
of  the  legislature  not  later  than  December  loth. 

§  1742.  Legislation.]  All  persons,  institutions  and  educational  interests 
shall  so  far  as  possible  submit  to  the  state  board  of  education  on  or  before 
November  15th  preceding  the  assembling  of  the  legislative  assembly  any  de- 
sired legislation  affecting  education  or  amendments  to  the  existing  school  laws, 
which,  together  with  any  comments  on  the  same  that  the  board  of  education 
may  care  to  make,  shall  be  published,  and  copies  thereof  presented  to  the  mem- 
bers of  tin-  legislature  as  hereinbefore  provided  in  section  1741  of  this  ad. 

REQUIRING  STATE  INSTITUTIONS  TO  USE  LIGNITE  COAL.     (Session 

Laws  1915). 
§  1828.  PUBLIC  institutions  to  use.]  The  various  slate  institutions,  county 
buildings  and  public  school  houses  in  this  state  shall  use  for  fuel,  native  or  lig- 
nite coal,  or  lignite  coal  products,  and  it  shall  be  unlawful  for  any  officer  to 
purchase  lor  use  in  such  institutions,  county  buildings  and  public  schools  any 
coal  other  than  that  taken  from  the  mines  within  the  boundaries  of  (his  stale. 
This  section  shall  no!  be  construed,  however,  as  prohibiting  the  use  of  other 
coal   or    wood    at    such    institutions,    county    buildings   and    public   schools,    when 


110  GENERAL  SCHOOL  LAWS 


the  cost  thereof  does  not  exceed  that  of  native  coal,  or  the  use  of  coal  other  than 
native  lignite  coal  or  lignite  coal  products  at  such  public  schools  as  are  located 
six  miles  or  more  from  any  mine  or  railroad  station  within  the  boundaries  of  this 
state;  provided,  that  the  comparative  cost  of  such  fuel  is  not  greater  than  that 
of  lignite  coal,  or  lignite  coal  products. 

All  purchases  of  lignite  coal  shall  be  based  upon  proposals  published  in  some 
newspaper  published  in  and  having  a  general  circulation  in  the  State  of  North 
Dakota  and  copies  of  said  proposals  shall  be  filed  in  the  office  of  the  secretary 
of  state  at  Bismarck,  N.  D.,  on  or  about  the  date  thereof  and  said  purchases 
of  lignite  coal  shall  be  made  from  the  lowest  responsible  bidder  and  shall  be 
based  on  the  following  standard  contract  grade: 

Two  thousand  (2,000)  pounds  shall  constitute  one  (1)  ton  standard  contract 
grade   of   lignite   coal. 

Standard  contract  grade  of  lignite  coal  shall  contain  as  delivered  thirty-three 
(33)  per  cent  of  moisture  as  determined  at  one  hundred  and  five  (105)  degrees 
centigrade  (c).  For  actual  weight  of  moisture  above  thirty-five  (35)  per  cent 
deduct  proportionately  the  price  per  ton. 

Standard  contract  grade  lignite  coal,  water-free  basis,  shall  contain  from  ten 
(10)  to  fifteen  (15)  per  cent  of  ash.  For  each  one  (1)  per  cent  of  ash  above 
fifteen  (15)  per  cent  deduct  two  and  one-quarter  (2M)  per  cent  of  the  bid  ptice 
per  ton.  For  each  one  (1)  per  cent  below  the  ten  (10)  per  cent  add  one  and 
three-fifths  (1  3-5)  per  cent  of  the  bid  price  per  ton. 

Standard  contract  grade  lignite  coal  shall  contain,  water-f  ee  basis,  no  over 
two  (2)  per  cent  of  sulphur.  For  each  one  (1)  per  cent  or  major  fraction  thereof 
above  two  (2)  per  cent  deduct  two  (2)  per  cent  of  the  bid  price  per  ton. 

Standard  contract  grade  lignite  coal  shall  contain,  water-free  basis,  nine  thou- 
sand five  hundred  (9500)  British  Thermal  Units  (B.  T.  U.)  and  the  price  per  ton 
shall  be  based  upon  the  number  of  heat  units.  When  the  British  Thermal  Units 
(B.  T.  U.)  are  in  excess  of  that  amount,  such  excess  shall  be  paid  for  proportion- 
ately; and  if  the  contents  are  less  than  nine  thousand  five  hundred  (9500)  British 
Thermal  Units  (B.  T.  U.)  then  a  proportionate  amount  shall  be  deducted  from 
the  price. 

The  method  of  ascertaining  the  above  facts  shall  be-  agreed  upon  between 
buyer  and  seller;  provided,  that  any  school  or  institution  which  does  not  use  to 
exceed  fifty  (50)  tons  of  coal  in  any  one  year  shall  not  be  required  to  publish  for 
proposals  as  herein  provided. 

Penalty.]  Any  board  having  charge  or  control  of  such  school  or  institution 
which  shall  purcha  e  fuel  in  violation  of  the  provisions  of  Section  1828,  shall  be 
personally  liable  for  the  purchase  price  thereof  and  such  school  or  institution 
shall  not  be  liable  therefor.  Provided,  however,  that  this  act  shall  not  apply  to 
country  schools  or  public  buildings  where  no  janitor  is  employed. 

PROHIBITING  PUBLIC  DRINKING  CUPS. 

§  2952.  The  use  of  public  drinking  cups  on  railroad  trains,  in  railroad  stations, 
in  the  public,  parochial,  or  private  schools,  and  other  educational  institutions 
and  other  public  buildings  of  the  state  of  North  Dakota,  is  hereby  prohibited 
from  and  after  September  1,  1913. 

§  2953.     N     person  or  corporation  in  charge  of  any  railroad  train  or  station. 


STATE  OF  NORTH  DAKOTA  111 


no  school  board,  board  of  education,  town  board  of  school  directors,  or  board  of 
trustees  of  any  public,  parochial,  or  p  ivate  school  or  educational  institutions 
and  other  public  buildings  shall  furnish  any  drinking  cups  for  public  use,  and  no 
person  or  corporation  shall  permit  upon  said  railroad  trains  or  in  station,  or  at 
any  said  public,  parochial,  or  private  school,  or  educational  institution,  the  com- 
mon use  of  drinking  cups. 

§  2954.  Whosoever  violates  the  provisions  of  this  act  shall  be  deemed  guilty 
of  a  misdemeanor  and  shall  be  liable  to  a  fine  not  to  exceed  twenty-five  dollars  for 
each    offense. 

CHAPTER  270 

HOUSE  BILL  No.  175. 

Village  and  School  Districts  May  Redeem  Bonds. 

An  Act  authorizing  and  directing  the  board  of  university  and  school  lands  and 
the  state  treasurer  to  allow  counties,  cities,  towns,  villages  and  school  districts 
that  have  sold  their  bonds  at  par  to  the  state,  to  redeem  one  or  more  of  said 
bonds  when  sufficient  funds  have  accumulated  in  their  sinking  und  at  par 
with  accrued  interest. 

Be  it  Enacted  by  the  Legislative  Assembly  of  the  State  of  North  Dakota: 

§  1.  That  the  board  of  university  and  school  lands  and  the  state  treasurer 
are  hereby  authorized  and  directed  to  allow  any  county,  city,  town,  village  or 
school  district  to  redeem  at  any  time  after  two  years  at  par  with  accrued  interest, 
any  bond  or  bonds  which  have  been  sold  to  the  state  at  par  when  they  have  suf- 
ficient funds  accumulated  in  their  sinking  funds  so  to  do,  on  giving  sixt  days' 
notice  to  the  sta  e  treasurer,  and  thereafter,  on  like  conditions,  until  all  such  out- 
standing bonds  have  been  paid. 

CHAPTER  165 

HOUSE  BILL  NO    219. 

Authorizes  Cities,  Villages,  Townships  and  School  Boards  to  pay 
Rentals  of  Halls  used  for  Public  Purposes. 

An  Act  authorizing  and  empowering  city  councils,  city  commissioners,  village 
trustees,  township  supervisors  and  school  boards  to  pay  the  rentals  of  halls 
and  auditoriums,  when  used  for  public  purposes,  and  to  provide  by  taxation 
therefor. 

Be  it  Enacted  by  the  Legislative  Assembly  of  the  State  of  North  Dakota: 

§  1.  Authorities  may  pay  rental  of  hall  and  provide  funds  therefor 
by  taxation.]  The  city  council,  city  commission,  village  trustees,  or  township 
supervisors,  of  any  city,  village  or  township,  or  the  school  board  of  any  school 
district,  are  hereby  authorized  and  empowered  to  pay  the  rental  of  any  hall  or 
auditorium  whenjthe  same  shall  be  used  for  any  public  meetings  or  purpose, 
and  no  charge  is  made  for  admission  thereto,  and  may  annually  provide  by  taxa- 
tion a  sum  sufficient  for  defraying  any  such  expense  for  rental  as  they  may  anti- 


112  GENERAL  SCHOOL  LAWS 


cipate  for  the  coming  year,  provided,  however,  that  this  act  shall  not  apply  to 
any  city  where  there  exists  a  public  hall  owned  by  a  municipality,  suitable  for 
the  purpose. 

§  2.  May  pay  rental  out  of  other  funds  until  tax  is  available.]  Until 
such  funds  so  provided  shall  become  available,  it  shall  be  lawful  for  the  council 
or  city  commission  of  any  city,  the  trustees  of  any  village,  the  supervisors  of  any 
township,  or  the  school  board  of  any  school  district,  to  pay  out  of  funds  on  hand, 
not  otherwise  appropriated  or  required,  such  sums  as  they  may  deem  a  fair  rental 
for  any  hall  or  auditorium  when  used  for  a  public  meeting  as  above  provided. 

§  3.  Emergency.]  Whereas,  an  emergency  exists  in  that  such  officials  are 
not  now  authorized  or  empowered  to  pay  the  rental  of  any  hall  or  auditorium 
when  used  for  public  purposes,  therefore  this  act  shall  take  effect  and  be  in  force 
from  and  after  its  passage  and  approval. 

CHAPTER  237 

HOUSE  BILL  No.  361. 
(Committee  on  Education.) 

Board  of  Regents. 

An  Act  creating  a  board  of  regents  for  the  state  university,  the  .  tate  agricultural 
college,  the  normal  schools,  the  school  of  science,  the  normal  and  industrial 
school,  the  school  of  forestry,  and  such  state  educational  institutions  as  may 
be  hereafter  established,  to  prescribe  its  powers  and  duties,  to  provide  for  the 
management  and  control  of  the  state  educational  institutions,  to  provide  an 
appropriation  to  carry  out  the  purposes  of  the  act,  and  repealing  all  acts 
and  parts  of  acts  in  conflict  or  inconsistent  therewith. 

Be  it  Enacted  by  the  Legislative  Assembly  of  the  State  of  North  Dakota: 

§  1.  State  board  of  regents,  institutions  under  its  control.]  A  board 
of  regents  of  state  educational  institutions,  to  be  officially  known  as  the  state 
board  of  regents,  consisting  of  five  members,  is  hereby  created  for  the  general 
control  and  administration  of  the  following  state  educational  institutions. 

1.  The  state  university  and  school  of  mines,  at  Grand  Forks,  with  their  sub- 
stations. 

2.  The  state  agricultural  college  and  experiment  station,  at  Fargo,  with  their 
sub-stations. 

3.  The  school  of  science,   at  Wahpeton. 

4.  The  state  normal  schools  at  Valley  City,  Mayville  and  Minot. 

5.  The  normal  and  industrial  school,  at  Ellendale. 
G.     The  school  of  forestry,   at  Bottineau. 

7.  And  such  other  state  educational  institutions  as  may  be  hereafter  estab- 
lished. 

§  2.  Board,  how  appointed.  Qualifications.  Term  of  officf.]  The 
state  board  of  regents  shall  consist  of  five  members,  all  of  whom  shall  be  qualified 
electors  and  tax  payers  of  the  state,  appointed  for  their  fitness,  and  ability  to 
efficiently  serve  the  people  of  the  state  in  such  capacity,  and  one  member  and 
not  more  than  two  of  such  board  shall  be  appointed  from  each  congressional 
district,  and  not  more  than  one  member  shall  be  appointed  from  any  one  county. 


STATE  OF  NORTH  DAKOTA  113 


No  more  than  one  person  who  is  an  alumnus  of  any  of  the  institutions  under  the 
control  of  such  hoard  shall  be  a  member  thereof  at  the  same  time,  and  any  person 
who  has  been  connected  with  any  of  such  institutions,  either  as  a  member  of  any 
normal  board  of  control,  or  board  of  trustees,  or  as  an  officer  or  instructor,  shall 
be  eligible  to  appointment  as  a  member  of  such  board  within  two  years  after 
such  connection  with  such  institution  has  been  terminated. 

The  governor  is  empowered,  and  it  is  hereby  made  his  duty,  on  or  before  the 
2nd  day  of  March,  A.  D.  1915,  to  nominate,  and  with  the  consent  of  a  majority 
of  the  members  of  the  senate  in  executive  session,  to  appoint  as  such  state  board 
of  regents  two  members  thereof  whose  term  of  office  shall  be  for  two  yea  s  com- 
mencing with  the  first  day  of  July,  A.  D.  1915,  two  members  thereof  whose  term 
of  office  shall  be  for  four  years  commencing  with  the  first  day  of  July,  A.  D.  1915, 
and  one  member  thereof  whose  term  of  office  shall  be  for  six  years,  commencing 
with  the  first  day  of  July,  A.  D.  1915,  and  thereafter  and  during  the  session  of 
I  he  legislative  assembly,  and  prior  to  the  15th  day  of  January  in  each  year  in 
which  the  term  of  office  of  any  member  >o  appointed  shall  expire,  he  shall  in  like 
manner  nominate,  and  subject  to  such  consent  of  a  majority  of  the  senate,  ap- 
point a  successor  or  successors  to  such  member  or  members  of  said  board  whose 
term  will  expire  with  July  1st,  of  that  year,  which  said  appointee  shall  hold  office 
for  the  full  term  of  six  years  from  and  after  the  expiration  of  the  full  term  of  office 
for  which  such  predecessor  or  predecessors  were  appointed. 

In  event  any  nomination  made  by  the  governor  to  such  board  is  not  consented 
to  and  confirmed  by  the  senate  as  hereinbefore  provided,  the  governor  shall 
again  nominate  a  candidate  or  candidates  for  such  office  at  any  time  while  the 
legislative   assembly    is    in    session. 

The  members  of  the  board  first  so  appointed  shall  meet  at  the  seat  of  govern- 
ment on  the  first  Tuesday  in  April,  1915,  and  shall  organize  and  elect  one  of 
their  members  as  president  of  such  board  for  a  term  of  one  year.  They  shall 
also  elect  a  competent  man  as  secretary  who  shall  receive  not  to  exceed 
$2,500.00  per  annum,  and  who  shall  reside  during  his  term  of  office  in  the  City 
of  Bismarck. 

§  3.  Removal  of  member.  Vacancy.  How  filled.]  The  governor  may 
remove  any  member  of  the  board  so  appointed  for  incompetency,  neglect  of 
duty,  immorality,  malfeasance  in  office,  or  for  other  good  cause,  and  in  case  of 
a  vacancy  in  the  membership  of  the  board  so  appointed  by  the  governor  or  his 
predecessor  in  office,  whether  occurring  by  reason  of  removal  or  otherwise,  may 
declare  the  office  vacant  and  fill  the  same  by  appointment  until  the  convening 
dl'  I  he  next  session  of  the  legislative  assembly,  when  lie  shall  nominate  some 
qualified  person  as  a  member  of  such  board  for  the  balance  of  such  unexpired 
term  and  upon  the  consent  of  the  senate  as  hereinbefore  provided,  shall  appoint 
said  nominee  as  a  member  of  such  board. 

§  I.  Members  to  take  oath.  Bond.]  Bach  member  of  the  board  shall 
take  oath  and  qualify  in  the  manner  as  provided  by  Section  (301  of  the  Compiled 
Laws  of  North  Dakota  of  1913,  and  before  entering  upon  his  official  duties 
.shall  give  an  official  bond,  either  personal  or  surety,  in  the  sum  often  thousand 
dollars  ($10,000.00)  and  running  to  the  State  of  North  Dakota,  conditioned  as 
provided  by  law,  signed  by  sureties  approved  by  the  governor,  and  the  premium 
upon  such  bond,  if  a  surely  bond,  shall  be  paid  out  of  the  stale  treasury,  and  such 
bond  shall  be  filed  in  the  office  of  the  secretary  of  state. 


114  GENEEAL  SCHOOL  LAWS 


§  5.  Compensation  of  members.]  The  appointive  members  of  the  state 
board  of  regents  shall  receive  seven  dollars  ($7.00)  per  day  and  their  necessary 
traveling  expenses  while  attending  meetings  or  in  the  performance  of  such  special 
duties  as  the  board  may  direct. 

§  6  Office.  Office  help  and  supplies.]  The  board  shall  be  provided 
with  suitable  offices  in  the  state  capitol  building  at  Bismarck  and  shall  provide 
necessary  office  furnishings,  books,  stationery,  printing,  postage  stamps,  and 
such  other  supplies  as  are  necessary,  and  shall  employ  such  clerical  assistance 
as  in  their  opinion  is  required. 

§  7.  Powers  and  duties  of  board.]  The  state  board  of  regents  shall, 
upon  being  established  as  provided  herein,  assume  all  the  powers  and  perform 
all  the  duties  now  exercised  or  performed  by  the  normal  board  of  control  and  the 
several  boards  of  trustees  of  the  institutions  by  this  act  placed  under  the  control 
of  the  state  board  of  regents  July  1st,  1915.  The  existing  normal  board  of  con- 
trol and  the  boards  of  trustees  of  the  institutions  enumerated  in  this  act,  except 
as  hereinafter  provided,  shall  immediately  upon  the  organization  of  the  state 
board  of  regents  as  hereinbefore  provided  in  this  act,  surrender  and  transfer  to 
the  state  board  of  regents,  all  duties,  rights  and  powers  and  immunities  granted 
them  under  existing  laws  of  this  state,  together  with  all  property,  deeds,  records, 
reports  and  appurtenances  of  every  kind,  now  held  by  the  normal  board  of  con- 
trol and  boards  of  trustees  of  the  institutions  enumerated  in  Section  1  hereof. 
Such  normal  board  of  control  and  boards  of  trustees  shall  thereupon  cease  to 
exist,  and  the  state  board  of  regents  shall  succeed  to  all  the  rights,  duties,  powers 
and  immunities  belonging  to  the  normal  board  of  control  and  boards  of  trustees 
and  shall  assume  full  control  of  all  property  deeds,  records,  reports  and  appur- 
tenances aforesaid,  until  otherwise  prescribed  by  law. 

The  state  board  of  regents  shall  make  all  necessary  rules  and  regulations  for 
its  own  official  procedure  and  for  the  efficient  management  and  control  of  the 
educational  institutions  and  of  their  various  departments. 

The  state  board  of  regents  first  appointed  shall,  as  soon  as  practical  after  having 
organized,  procure  to  be  made  by  a  competent  expert,  or  experts,  from  without 
the  state,  an  educational  survey  of  all  institutions  under  its  control  for  the  pur- 
pose of  ascertaining  wherein  the  efficiency  of  the  state  educational  institutions 
can  be  best  served  and  economy  in  conducting  the  same  best  practiced. 

Upon  the  completion  of  such  educational  survey  the  state  board  of  regents 
shall  appoint  from  without  the  state  a  state  commissioner  of  education  who  shall 
be  a  graduate  of  some  reputable  college  or  university,  who  must  have  made  a 
special  study  of  educational  problems,  and  have  had  at  least  three  years'  exper- 
ience in  educational  administrative  work.  Such  commissioner  of  education  shall 
perform  such  duties  of  examination,  inspection  and  visitation  as  the  board  may 
direct,  and  shall  advise  the  board  on  all  matters  pertaining  to  the  curricula, 
co-ordination  and  correlating  of  work  in  the  institutions  under  the  control  of 
such  board  and  he  shall  make  a  special  study  of  the  particular  needs  and  require- 
ments of  each  institution  and  shall  report  thereon  to  the  board  at  such  time  as 
they  shall  direct. 

Such  commissioner  of  education  shall  receive  a  salary  of  not  to  exceed  five 
thousand  dollars  ($5,000.00)  per  annum,  to  be  fixed  by  the  board,  with  his  actual 
and  necessary  traveling  expenses  while  attending  meetings  of  the  board  and  in 


STATE  OF  NORTH  DAKOTA  115 


visitation,  inspection  and  examination  of  institutions  under  the  control  of  said 
board. 

The  state  board  of  regents  shall  have  the  power  to  elect  a  president  and 
treasurer  for  each  of  the  said  educational  institutions,  professors,  instructors, 
officers  and  employees  and  shall  fix  the  compensation  paid  them. 

The  board  shall  act  in  consultation  with  the  president  of  each  institution,  in 
order  the  more  efficiently  to  administer  to  the  needs  and  proper  development 
of  each  institution  in  harmony  with  the  best  interests  of  the  people  of  the  state, 
and  for  the  up-building  of  higher  and  technical  education  in  North  Dakota. 

The  state  board  of  regents  shall  co-ordinate  and  correlate  the  work  in  the  dif- 
ferent institutions  so  as  to  prevent  wasteful  duplication  and  to  develop  co-opera- 
tion among  such  institutions  in  the  exchange  of  instructors  and  students,  and 
shall  fix  a  tuition  to  be  paid  in  such  institutions  or  any  department  thereof  when 
not  provided  b  ■'  law.  It  shall  make  recommendations  in  regard  to  needed 
legislation  for  the  institutions  under  its  control,  and  it  shall,  prior  to  each  meeting 
of  the  state  legislature  and  in  ample  time  for  due  consideration  by  the  legislative 
assembly,  prepare  a  budget  setting  forth  the  financial  needs  of  all  state  educa- 
tional institutions  under  its  supervision  and  control  for  the  period  for  which  an 
appropriation  is  made. 

It  shall  submit  with  such  budget  plans  for  all  betterments  and  improvements 
or  buildings  costing  more  than  five  th  usand  dollars  ($5,000.00)  for  which  it 
may  recommend  an  appropriation.  But  when  an  appropriation  for  any  amount 
has  been  made,  there  shall  be  no  expenditure  thereof  until  the  board  has  secured 
suitable  plans  and  specifications  prepared  by  a  competent  architect,  and  accom- 
panied by  a  detailed  statement  of  the  amount,  quality  and  description  of  all 
material  and  labor  required  for  the  completion  of  said  structure;  and  no  plan  or 
plans  shall  be  adopted,  and  no  betterments,  improvements  or  buildings  constructed 
that  co  template  the  expenditure  of  more  money  for  completion  than  the  amount 
appropriated  by  the  legislature  therefor,  unless  exempted  from  the  piovisions 
of  this  section  by  the  act  making  such  appropriation.  In  no  event  shall  the  board 
direct  or  permit  an  expenditure  for  any  purpose  in  excess  of  the  amount  appro- 
priated by  law,  or  contemplated  by  the  statute,  and  the  members  of  said  board, 
its  officers,  and  agents,  are  not  subject  to  the  provisions  of  Sections  9827,  9828, 
9829  and  9830  of  the  Compiled  Laws  of  North  Dakota  of  1913,  but  any  violation 
of  the  provisions  of  either  of  the  said  sections  of  the  code  above  named  by  any 
member  of  said  board,  its  officers  or  agents,  shall  be  deemed  a  misdemeanor  and 
on  conviction  the  offender  shall  be  fined  in  any  sum  not  less  than  two  hundred 
dollars  ($200.00)  nor  more  than  five  thousand  dollars  (|5,000.00)  in  the  discretion 
of  the  court,  or  imprisoned  in  the  county  jail  not  exceeding  one  year,  or  by  both 
such  fine  and  imprisonment. 

This  budget  shall  be  transmitted  in  separate  form  to  the  governor  and  legis- 
lative assembly  at  the  same  time  as  its  biennial  report  is  transmitted  as  hereafter 
required.  The  board  shall  have  general  supervision,  direction  and  control  of  the 
expenditure  of  the  funds  for,  or  belonging  to,  or  at  the  disposal  of,  the  various 
state   educational   institutions. 

In  order  to  effect  the  greatest  economy,  efficiency,  and  facility  in  providing 
for  the  needs  and  work  of  the  various  institutions  the  president  of  each  institu- 
tion shall  submit  to  the  state  board  of  regents,  at  least  once  each  year,  a  budget 
showing  the  needs  and  amounts  recommended  for  the  work  of  the  various  depart- 


116  GENERAL  SCHOOL  LAWS 


ments  of  the  institutions,  and  for  improvements,  repairs,  miscellaneous  items 
of  maintenance  and  such  other  items  as  shall  seem  expedient.  When  this  budget 
has  been  approved  by  the  board  of  regents,  it  shall  form  the  basis  of  expenditures 
for  the  institutions  during  the  period  designated  and  the  president  of  the  insti- 
tution, and  the  business  office  thereof,  shall  conform  to  this  budget  in  the  ex- 
penditures made  for  carrying  on  the  work  of  the  institution  as  provided  for  in 
this  budget.  No  change  in,  or  departure  from,  the  expenditures  outlined  and 
provided  for  in  the  budget,  shall  be  made  except  when  emergency  requires,  when 
the  approval  of  such  change  or  departure  by  the  state  board  of  regents  must  first 
be  had. 

The  state  board  of  regents  shall  install  a  system  of  accounting  which  shall  be 
uniform  as  far  as  practicable,  for  all  the  institutions  under  its  control.  The 
board  shall  submit  a  biennial  report  to  the  governor  not  later  than  the  first  day 
of  September  next  preceding  the  legislative  session.  The  report  herein  required, 
shall  contain  a  detailed  financial  statement  showing  fully  the  items  of  income 
from  every  source  and  expenditures  of  every  nature,  of  the  institutions  under  the 
control  of  the  board  for  the  period  covered  by  the  report. 

The  report  first  made  after  the  organization  of  the  state  board  of  regents  as 
provided  in  this  act,  shall  set  forth  in  detail,  what  has  been  accomplished  by  the 
board  in  co-ordinating  and  correlating  the  work  of  the  several  institutions. 

§  8.  Meetings.  Quorum.]  The  board  shall  hold  an  annual  meeting  at 
its  office  in  the  city  of  Bismarck  on  the  1st  Tuesday  in  July  of  each  year.  It  shall 
hold  quarterly  meetings,  if  practicable,  at  one  of  the  institutions  under  its  control, 
but  only  one  quarterly  meeting  shall  be  held  at  the  same  institution  in  any  year. 
Annual  and  quarterly  meetings  may  be  called  by  the  secretary.  Special  meet- 
ings may  be  held  upon  the  call  of  the  president  or  upon  request  of  three  of 
the  members  of  the  board,  at  such  place  and  time  as  the  members  demanding 
such  meeting  request,  and  a  majority  of  such  board  shall  constitute  a  quorum. 

§  9.  Itemized  statement.]  Before  any  of  the  expenses  of  the  members  of 
said  board,  any  officer,  or  agent,  thereof,  or  before  any  expenses  incurred  by  others 
under  the  direction  of  the  board,  or  the  expenses  of  any  officer  or  any  employee 
of  any  institution  under  the  charge  of  the  board,  shall  be  paid,  a  minutely  item- 
ized statement  of  every  item  of  expenditure  shall  be  presented  to  the  proper 
authority  duly  verified,  which  verification  shall  aver  that  the  expense  bill  is  just, 
accurate  and  true  and  is  claimed  for  cash  expenditures,  or  cash  disbursements, 
truly  and  accurately  made,  or  payment  thereof  shall  not  be  made.  The  expense 
bills  of  the  members  of  the  board,  the  secretary  and  its  other  employees,  when 
so  verified,  shall  be  presented  to  the  state  auditing  board  for  their  written 
audit,  before  payment  is  made.  The  salaries  and  such  actual  expenses  of  the 
board,  and  the  secretary  and  other  officers,  and  the  salaries  of  employees,  shall 
be  paid  monthly  by  the  state  treasurer,  upon  the  warrant  of  the  state  auditor. 

§  10.  Appropriation.]  There  is  hereby  appropriated  out  of  any  funds 
in  the  state  treasury  not  otherwise  appropriated  the  sum  of  eighteen  thousand 
dollars  ($18,000.00)  annually,  or  as  much  thereof  as  may  be  necessary  to  carry 
out  the  provisions  of  this  act. 

§  11.  Repeal.]  Existing  laws  relating  to  the  institutions  referred  to  in 
this  act,  which  are  not  inconsistent  with  the  provisions  of  this  act  shall  remain 
in  full  force,  and  all  acts  or  parts  of  acts  in  conflict  with  or  inconsistent  with 
this  act  are  hereby   repealed. 


STATE  OF  NORTH  DAKOTA  117 


§  12.  Emergency.]  Whereas,  an  emergency  exists  in  this,  that  this  act  is 
deemed  of  immediate  importance  in  order  that  the  board  hereby  created  may 
be  in  a  position  to  take  full  control  of  such  institutions  on  July  1st,  A.  D.  1915, 
therefore  this  act  shall  be  in  full  force  and  effect  on  and  after  its  passage  and 
approval. 

CHAPTER  138 

HOUSE  BILL  No.  8. 

School  Boards  May  Lease  Buildings  for  School  Purposes. 

An  Act  to  provide  for  and  regulate  the  leasing  of  school  rooms  and  school  build- 
ings and  equipment  by  boards  of  education  of  special  school  districts  in  certain 
cases,  and  to  provide  for  the  levying  of  taxes  therefor. 

Be  it  Enacted  by  the  Legislative  A  sembhj  of  the  State  of  North  Dakota: 

§  1.  Power  to  lease  buildings.]  Whenever  any  board  of  education  of 
any  special  school  district,  not  having  funds  or  credit  available  for  construction 
or  purchase,  shall  determine  by  resolution  that  additional  school  buildings  or 
school  rooms  are  necessary,  and  that  it  will  be  to  the  advantage  of  or  for  the  best 
interests  of  the  school  district  to  rent  such  school  buildings  or  school  rooms  and 
equipment,  instead  of  buying  or  constructing  the  same,  it  may  enter  into  a  con- 
tract or  lease  for  a  term  not  to  exceed  twenty  years,  for  the  use  of  such  building 
or  buildings,  to  be  constructed,  rearranged  and  equipped  for  the  use  of  the  district, 
at  a  quarterly,  semi-annual  or  annual  rental  to  be  stated  therein. 

§  2.  Plans  and  specifications.]  In  all  cases  wherein  it  shall  appear  that 
the  annual  rental  of  such  rooms,  building  or  buildings  will  exceed  the  sum  of 
Three  Hundred  Dollars,  the  said  board  of  education  must  first  prepare  or  cause  to 
be  prepared,  plans  and  specifications  of  such  proposed  school  building  or  rooms  to 
be  approved  by  the  city  board  of  health,  and  the  state  superintendent  of  public 
instruction,  and  shall  prepare  or  cause  to  be  prepared  the  form  or  substance  of 
I  he  lease  or  contract  to  be  entered  into,  and  shall  file  copies  of  such  proposed 
plans  and  specifications  and  lease  or  contract  in  the  office  of  the  clerk  of  the  board 
of  education,  and  at  such  other  places  as  the  board  may  by  resolution  designate. 
Such  lease  or  contract  shall  include  or  provide  an  option  or  privilege  on  the  pari 
of  the  district  to  purchase,  at  a  stipulated  price,  the  property  at  any  time  during 
the  term  thereof  in  the  manner  provided  by  law  for  the  purchase  or  erection  of 
school  buildings. 

§  3.  Advertise  foe  Bros.]  It  shall  then  be  the  duly  of  the  clerk  of  the  board 
of  education  to  advertise  in  not  less  than  one,  or  more  than  three  newspapers 
within  such  special  school  district,  not  less  than  once  each  week  for  three  successive 
weeks,  for  bids  for  the  construction,  remodeling,  providing  or  furnishing  of  such 
building  or  rooms  and  equipment,  the  advertisement  to  state  where  the  plans 
and  specifications  and  proposed  lease  may  be  inspected  and  the  time  and  place 
where  and  the  conditions  under  which  the  bids  will  be  received  and  opened,  and 
the  bids  to  specify  the  rate  or  rental  per  annum  for  which  the  bidder  will  supply 
the  required  rooms  or  building  and  equipment,  and  enter  into  the  required  con- 
tract. The  board  may  reserve  the  righl  to  accept  or  reject  bids,  ami  to  require 
bidders  to  furnish  bonds  to  insure  their  entering  into  the  required  contract  and 
performing  I  he  same. 


118  GENES AL  SCHOOL  LAWS 


§  4.  Tax  levy.]  At  the  time  of  opening  such  bids,  or  at  any  subsequent 
meeting  within  three  months  thereafter,  the  board  may  accept  the  bid  or  bids 
appearing  most  advantageous  to  the  district,  and  may  enter  into  a  contract  as 
hereinbefore  provided,  for  the  providing  of  such  building  or  rooms  and  equip- 
ment, and  the  rental  and  use  thereof  by  the  district.  It  shall  then  be  the  duty 
of  the  board  forthwith,  to  levy  a  special  tax  against  all  the  taxable  property 
of  the  district,  for  a  sufficient  sum  annually  for  the  full  term  of  such  lease  or 
contract,  to  cover  the  annual  rental  therein  provided  for,  and  such  tax  shall  be 
certified,  entered  and  collected  in  the  same  manner  as  taxes  to  meet  bond  issues, 
and  shall  not  be  diverted  or  used  for  any  other  purpose,  nor  be  subject  to  revo- 
cation nor  rescission  while  said  contract  is  in  force  and  effect.  If  such  contract 
be  terminated  prior  to  the  end  of  the  term  for  which  such  tax  levy  is  made,  then 
it  shall  be  the  duty  of  the  board  to  revoke  or  rescind  such  tax  levy  and  to  certify 
such  rescission  to  the  county  auditor  who  will  thereupon  cancel  the  same  for  the 
unexpired  term.  W^^     j 

§  5.  Legal  construction.]  The  contracting  for  the  payment  of  future 
annual  rental  of  such  school  rooms,  or  school  building  and  equipment  shall  not 
be  construed  as  creating  an  indebtedness  on  the  part  of  the  district,  nor  as  in- 
creasing any  pre-existing  indebtedness,  nor  operate  to  prevent  the  district  at  any 
future  time  from  using  its  limit  of  credit  under  the  constitution  to  the  same  extent 
as  if  no  such  lease  or  contract  were  made. 

§  6.  Election.]  In  case  there  should  be  filed  with  the  clerk  of  the  board  of 
education,  at  any  time  prior  to  the  opening  of  bids,  or  within  ten  days  thereafter, 
a  protest  signed  by  not  less  than  one-fourth  of  the  legal  voters  of  the  district, 
protesting  against  the  accepting  of  any  bid,  or  the  entering  into  any  such  con- 
tract, then  it  shall  be  the  duty  of  the  board  to  call  and  hold  a  special  election 
upon  the  notice  and  in  the  manner  provided  by  law  for  elections  upon  the  ques- 
tion of  issuing  bonds,  and  shall  submit  to  the  qualified  electors  the  question  of 
approving  or  disapproving  the  making  of  such  contract,  and  if  a  majority  of  the 
electors  voting  at  such  election  shall  vote  against  the  making  of  such  contract, 
then  no  further  proceedings  shall  be  had  for  the  same  purpose  until  at  some  sub- 
sequent election  a  majority  of  the  electors  voting  shall  have  signified  their  approval 
of  the  same. 

§  7.  Emergency.]  Whereas,  an  emergency  exists,  in  that  in  order  for  the 
benefits  of  this  act  to  accrue  to  any  such  school  district  in  time  for  the  opening 
of  the  next  ensuing  school  year,  it  should  become  operative  at  once;  therefore, 
this  act  shall  take  effect  immediately  upon  its  passage  and  approval. 


CHAPTER  142 

HOUSE  BILL  No.  471. 
(Lathrop  Committee.) 

Tuition  to  be  Paid  for  Attendance  at  any  Model  School  at  State 

Institution. 
An  Act  requiring  the  payment  of  tuition  for  attendance  at  any  model  high  or 
graded  or  elementary  school  which  is  operated,  maintained  or  in  any  manner 
connected  with  the  state  university,   any  normal  school  or  any  educational 
institution  of  higher  learning. 


STATE  OF  NORTH  DAKOTA  119 


Be  it  Enacted  by  the  Legislative  Assembly  of  the  State  of  North  Dakota: 

§  1.  That  all  students  attending  any  model  high,  graded  or  elementary 
school  which  is  operated,  maintained  or  in  any  manner  connected  with  the  state 
university,  any  normal  school,  publicly  maintained  educational  institution  of 
higher  learning  in  this  state  in  which  model,  high,  graded  or  elementary  school 
members  of  the  faculty  or  student  body  of  such  university,  normal  school  or  insti- 
tution of  higher  learning  teach  there  shall  be  paid  by  the  school  district  in  which 
said  pupils  reside  to  said  institution  as  tuition  for  such  attendance  as  follows: 
Not  less  than  two  and  one-half  dollars  per  month  of  actual  membership  per  pupil 
in  such  model  high  school  and  not  less  than  two  dollars  per  month  of  actual  mem- 
bership per  pupil  in  any  such  graded,  or  elementary  school,  provided,  however, 
that  such  tuition  is  payable  at  the  close  of  each  term  or  semester. 

§  2.     All  acts  or  parts  of  acts  in  conflict  herewith  are  hereby  repealed. 


CHAPTER  254 

HOUSE  BILL  No.  122. 

Limits  Increase  of  Tax  Levy  and  Salaries. 

An  Act  to  limit  tax  levies  during  the  years  1915  and  1916,  to  restrict  debt  limits, 
and  to  regulate  salaries  of  officers  and  the  rights  and  duties  of  officials  now 
dependent  upon  assessed  valuation. 

Be  it  Enacted  by  the  Legislative  Assembly  of  the  State  of  North  Dakota: 

§  1.  Limit  of  levies  in  counties,  cities,  school  districts,  etc.]  The 
board  of  county  commissioners  of  any  county,  or  any  county  officer,  any  town- 
ship board,  or  any  township  officer,  any  village  board,  or  any  village  officer,  any 
city  council  or  city  commission,  park  board,  or  board  of  education  of  any  city, 
or  any  officer  thereof,  or  the  officers  of  any  school  district,  or  any  other  taxing 
district,  or  any  officer  thereof,  that  is  authorized,  or  whose  duty  it  may  be,  under 
the  laws  of  the  state,  to  fix  or  make  any  levy  on  the  assessed  valuation  of  property 
for  the  purposes  of  any  taxation,  shall  not  during  the  years  1915  and  1916  levy 
any  amount  for  purposes  of  taxation  that  will  exceed  by  more  than  five  per  cent 
for  the  year  1915,  and  ten  per  cent  for  the  year  1916,  the  amount  that  such 
board  or  officer  was  authorized  to  levy  on  the  assessed  valuation  of  1914.  Any 
of  the  aforesaid  officers,  whose  duty  it  may  be  under  existing  laws  to  levy  taxes 
at  a  certain  rate  in  mills,  or  fraction  thereof,  shall  not  levy  during  the  years  1915 
and  1916  at  any  rate  that  will  produce  revenue  in  excess  of  105  per  cent  and  110 
per  cent,  respectively,  of  that  which  would  be  produced  by  the  levy  of  the  pre- 
scribed rate  upon  the  assessed  valuation  of  1914;  provided,  however,  that  nothing 
in  this  section  shall  be  construed  to  prevent  the  raising  of  revenue  to  meet  ex- 
penses which  may  be  authorized  to  be  incurred  under  laws  passed  by  the  Four- 
teenth Legislative  Assembly. 

§  2.  Salaries.]  No  salary  of  any  official  now  determined  by  the  amount 
of  the  assessed  valuation  of  property  within  any  political  sub-division  shall  be 
increased  during  the  years  1915  and  1916,  or  prior  to  July  1st,  1917,  beyond  the 
amount  now  authorized  on  the  basis  of  assessed  valuation  for  the  year  1914. 

§  3.     Authority,  rights  and  duties  based  on  assessed  valuation.]     When 


120  GENERAL  SCHOOL  LAWS 


under  the  laws  of  this  state  the  duty  of  any  official  to  levy  taxes,  or  the  right, 
duty,  or  authority  of  any  person  to  perform  any  act  is  conditioned  upon  the 
assessed  valuation  of  the  property  within  any  political  sub-division,  the  rights, 
duties  and  authority  as  now  fixed  and  established  under  the  assessed  valuation 
of  the  property  within  such  political  sub-division  for  the  year  1914,  shall  not  be  in 
any  manner  changed  or  modified  during  the  years  1915  and  1916,  or  prior  to 
July  1st,  1917,  except  when  the  addition  of  5  per  cent  and  ten  per  cent  for  the 
years  1915  and  1916,  respectively,  to  the  assessed  valuation  for  the  year  1914 
would  be  sufficient  to  vest  such  authority,  right  or  duty,  under  existing  laws. 

§  4.  Debt  limit.]  The  debt  limit  of  any  political  sub-division  within  this 
state  shall  not  be  increased  prior  to  July  1st,  A.  D.  1917,  more  than  ten  per  cent 
annually,  above  that  now  fixed  by  law  upon  a  basis  of  the  assessed  valuation  of 
the  property  within  such  political  sub-division  for  the  year  1914. 

§  5,  Repeal.]  All  acts  or  parts  of  acts  in  conflict  herewith  are  hereby  re- 
pealed. 

§  6.  Emergency.]  Whereas  an  emergency  exists  in  that  the  salary  of  cer- 
tain officials,  and  other  matters  covered  in  the  foregoing  act,  are  based  upon  the 
assessed  valuation  of  property,  therefore,  this  act  shall  take  effect  and  be  in 
force  from  and  after  its  passage  and  approval. 

CHAPTER  137 

» 

SENATE  BILL  NO.  171. 
Fire  Drill  and  Guards  for"  Public  Schools. 

An  Act  requiring  fire  drills  in  the  public  schools,  providing  for  fire  guards,  and 

prescribing  penalties  for  the  violation  thereof. 
Be  it  Enacted  by  the  Legislative  Assembly  of  the  State  of  North  Dakota: 

§  1.  Duties  of  teachers  and  superintendents.]  It  shall  be  the  duty  of 
all  teachers  in  the  public  schools  of  this  state  where  any  school  has  more  than  one 
room,  to  give  at  least  two  fire  drills  each  month,  and  no  such  teacher  shall  draw 
his  salary  for  any  month  until  he  has  certified  to  the  clerk  of  the  school  board 
that  such  fire  drills  have  been  given;  provided,  that  in  districts  having  a  super- 
intendent, such  superintendent  shall  prescribe  rules  governing  such  fire  drills 
for  the  schools  under  his  supervision,  and  he  shall  not  draw  his  salary  until  he 
shall  have  certified  to  the  clerk  of  the  school  board  or  the  secretary  of  the  board 
of  education  that  at  least  two  such  fire  drills  have  been  given  in  each  school 
under  his  supervision,  as  provided  for  in  this  act. 

§  2.  Duty  of  county  superintendent.]  It  shall  be  the  duty  of  the  county 
superintendent  of  schools  to  prescribe  reasonable  rules  for  giving  fire  drills  in  the 
rural  schools  of  his  county,  with  special  reference  to  prairie  fires,  and  any  school 
board  may  direct  that  no  teacher  shall  draw  his  salary  until  one  fire  drill  each 
month  shall   have  been  given. 

§  3.  Fire  guards.]  It  shall  be  the  duty  of  every  school  board  in  this  state 
to  provide  such  fire  guards  as  they  may  deem  reasonable  around  schools  in  their 
districts.  Should  any  school  board  fail  or  neglect  to  provide  such  fire  guards, 
it  shall  be  the  duty  of  the  county  superintendent  of  schools  to  notify  such  school 
board  of  such  failure,  and  it  shall  be  a  misdemeanor  for  any  member  of  such  school 
board,  after  being  so  notified,  to  draw  his  salary  until  such  guards  have  been 
made. 


STATE  OF  NORTH  DAKOTA'  121 


CHAPTER  145 

SENATE  BILL  No.  59. 

Providing  Uniform  Text  Books. 

An  Act  to  provide  uniformity  of  school  textbooks  in  each  of  the  common,  inde- 
pendent and  special  school  districts;  to  regulate  the  sale  and  price  of  same;  to 
provide  for  selection,  adoption,  and  contract  by  common  school  district  boards 
and  boards  of  education  of  independent  and  special  school  districts,  and  the 
sale  of  same  through  purchasing  agents  of  such  boards,  or  the  purchase  direct 
of  such  boards  and  sale  at  cost  or  loan  free  of  expense  to  pupils. 

Be  if  Enacted  by  the  Legislative  Assembly  of  the  State  of  North  Dakota: 

§  1 .  Before  any  person,  firm,  company  or  corporation  shall  offer  for  selection, 
adoption,  contract,  sale  or  exchange  any  school  textbook  or  book  for  use  in  the 
schools  of  the  State  of  North  Dakota,  such  person,  firm,  company  or  corporation 
shall  comply  with  the  following  conditions: 

1 .  File  a  copy  of  such  school  textbook  or  book  for  use  in  the  schools  of  the  state 
in  the  office  of  the  state  superintendent  of  public  instruction  with  a  sworn  state- 
ment of  the  published  list  price;  the  lowest  wholesale  price;  and  the  lowest  ex- 
change price;  based  upon  three  and  five  year  contract  periods,  at  which  said 
school  textbook  or  book  is  sold  or  exchanged  for  an  old  book  in  the  same  subject 
of  like  grade  and  kind  but  a  different  series,  to  any  school  board,  school  corpora- 
tion, or  school  commission  anywhere  in  the  United  States. 

2.  File  with  the  state  superintendent  -of  public  instruction  a  bond  running 
to  the  Slate  of  North  Dakota,  with  a  responsible  surety  company  authorized  to 
do  business  in  the  State  of  North  Dakota  as  surety  thereon  in  the  penal  sum  to 
be  determined  by  the  state  superintendent  of  public  instruction  but  not  less  than 
I  wo  thousand  dollars  nor  more  than  ten  thousand  dollars  conditioned  as  fol- 
lows: 

(a)  That  any  book  listed  in  said  statement  and  in  any  other  statement  sub- 
sequently tiled  by  said  person,  firm,  company  or  corporation  shall  be  supplied  by 
the  publisher  to  any  school  district  or  any  school  corporation  in  the  State  of 
North  Dakota  at    the  price  and  terms  contained  in  said  statement. 

(b)  That  such  price  and  terms  so  filed  are  to  be  reduced  automatically  in 
North  Dakota  whenever  reductions  are  made  by  the  publisher  elsewhere  in 
the  United  Stales  so  that  at  no  time  shall  any  book  so  filed  and  listed  be  sold  lo 
district  school  boards,  boards  of  education  or  to  their  authorized  purchasing 
agents  at  a  higher  price  than  is  received  for  such  book  by  the  publisher  elsewhere 
in  the  United  States. 

(e)  That  all  text  books  offered  for  sale,  adoption,  contract  or  exchange  by 
the  publisher  in  the  Slate  of  North  Dakota  shall  be  equal  in  quality  to  those 
deposited  in  the  office  of  the  stale  superintendent  of  public  instruction  as  regards 
paper,  binding,  printing,  illustrations,  subject  mailer,  and  all  particulars  that 
may  effect  the  value  of  such  textbooks. 

(d)  That  in  case  an  abridged  or  special  edition  of  any  book  shall  be  prepared 
the  person,  firm,  company  or  corporation  manufacturing  the  same  shall  sell  such 
special   edition   to   district    school   boards,   boards   of  education   of   North    Dakota 


122  GENERAL  SCHOOL  LAWS 

or  to  their  authorized  purchasing  agents  at  the'same  wholesale  price  at  which 
the  book  is  so  d  elsewhere. 

(e)  That  no  person,  firm,  company  or  corporation  filing  their  books  in  North 
Dakota  under  the  provisions  of  this  act  shall  enter  into  any  understanding, 
agreement  or  combination  to  control  prices  or  restrict  competition  in  the  sale  of 
school  textbooks. 

§  2.  Such  bond  shall  be  approved  by  the  attorney  general  and  upon  such 
approval,  said  person,  firm,  company  or  corporation  shall  be  licensed  by  the 
state  superintendent  of  public  instruction  to  sell  the  book  or  books  so  filed  in 
the  State  of  North  Dakota. 

§  3.  It  shall  be  the  duty  of  the  state  superintendent  of  public  instruction 
to  have  printed  and  distributed  to  the  clerks  of  district  school  boards,  secre- 
taries of  boards  of  education  of  independent  and  special  school  districts  and 
county  superintendents  of  schools  within  six  (6)  months  after  this  act  takes 
effect,  a  complete  list  of  books  filed  with  his  department  giving  the  prices  and 
terms  of  same;  and  the  state  superintendent  of  public  instruction  shall  have 
printed  and  distributed  annually  thereafter  a  supplementary  list  of  textbooks 
with  prices  and  terms  filed  during  the  year,  and  all  books  used  in  the  public 
schools  of  the  State  of  North  Dakota  may  be  selected,  adopted,  and  contracted 
for  from  said  list  by  district  school  boards  and  boards  of  education,  and  books 
so  designated  and  contracted  for  shall  be  used  exclusively  for  three  (3)  or  five 
(5)  years  during  which  time  such  books  shall  not  be  changed;  provided,  however, 
this  shall   not  prevent  school  boards  from  using  other  supplementary  books. 

§  4.  If  in  any  case  any  person,  firm,  company,  or  corporation,  shall  supply 
any  district  school  board,  board  of  education  or  purchasing  agent  of  same,  books 
inferior  to  the  samples  on  file  with  the  state  superintendent  of  public  instruc- 
tion, or  charge  a  higher  price  than  was  filed  or  than  the  same  are  sold  elsewhere 
in  the  United  States,  then  it  shall  be  the  duty  of  the  county  superintendent  on 
written  complaint  filed  with  him  by  the  school  board  of  such  a  district  to  in- 
form the  state  superintendent  of  public  instruction  of  the  failure  of  said  per- 
son, firm,  company  or  corporation  to  comply  with  the  terms  of  his  filing.  The 
state  superintendent  of  public  instruction  shall  thereupon  notify  the  said  per- 
son, firm,  company  or  corporation  of  said  complaint,  and  if  said  person,  firm, 
company  or  corporation  shall  disregard  the  notification  and  fail  to  comply  with 
the  terms  of  agreement  filed  with  the  state  superintendent,  then  the  bond  of 
said  person,  firm,  company  or  corporation  shall  be  forfeited,  and  the  attorney 
general  shall  upon  written  request  of  the  state  superintendent  of  public  in- 
struction proceed  to  collect  the  full  amount  of  said  bond. 

§  5.  No  person,  firm,  company  or  corporation  shall  secure  or  attempt  to 
secure  the  adoption,  selection,  contract  or  sale  of  any  school  textbook  in  this 
state  by  rewarding  or  promising  to  reward  any  teacher  in  any  school  in  the  state. 
No  person,  firm,  company  or  corporation  shall  offer  or  give  emolument  money 
or  any  valuable  thing,  promise  or  work,  or  any  other  inducement  to  any  teacher 
or  school  officer  in  any  school  district  for  any  vote  or  promise  of  vote  or  for  his 
influence  for  any  schoolbook  to  be  used  in  this  state;  provided,  that  nothing  in 
this  section  shall  be  construed  to  prevent  any  person,  firm,  company,  or  cor- 
poration from  giving,  or  any  school  officer  or  teacher  from  receiving  a  reason- 
able number  of  sample  schoolbooks  for  examination  with  the  view  of  obtain- 
ing information  as  to  the  textbook  or  series  of  books  from  which  said  officer 


STATE  OF  NORTH  DAKOTA  123 


shall  give  his  vote;  provided,  further,  that  any  school  officer  or  teacher  receiv- 
ing for  examination  sample  books,  shall  after  such  examination  deliver  such 
samples  to  the  clerk  of  the  school  district  and  such  books  shall  then  become 
the  property  of  the  district. 

§  6.  Boards  of  education  and  district  school  boards  are  hereby  authorized 
and  shall  have  the  power  to  appoint  agents  or  dealers  to  purchase,  handle  and 
sell  the  books  which  have  been  selected  and  contracted  for,  and  it  shall  be  un- 
lawful for  any  dealer  or  for  any  purchasing  agent  of  any  school  district  to  sell 
any  books  to  pupils  of  the  district  listed  with  the  state  superintendent  of  pub- 
lic instruction  as  hereinbefore  provided  at  a  price  to  exceed  15  per  cent  advance 
on  the  net  cost  of  the  book  as  listed  with  the  department  of  public  instruction 
and  as  named  in  the  contract  with  the  school  district;  provided,  that  to  the 
selling  price  as  above  determined  be  added  the  net  cost  of  transportation. 

§  7.  School  districts  are  hereby  authorized  to  purchase  textbooks  from  the 
publisher  at  prices  and  terms  listed  with  the  state  superintendent  of  public  in- 
struction and  to  sell  said  books  to  the  pupils  at  said  cost  prices  or  at  such  prices 
as  will  include  the  cost  of  transportation  and  cost  of  handling.  District  school 
boards  and  boards  of  education  shall  have  the  authority  and  are  authorized 
to  purchase  all  necessary  books  for  indigent  pupils  and  pay  for  same  out  of  the 
funds  of  the  district,  and  to  loan  same  free  of  expense  to  such  pupils.  The  dis- 
trict school  board  or  board  of  education  shall  purchase  all  books  necessary  for 
the  use  of  teachers  in  conducting  the  work  in  the  schools  of  the  district  where 
such  teachers  are  employed  and  such  books  shall  be  paid  for  out  of  the  funds 
of  the  district  and  be  held  as  the  property  of  the  district. 

§  8.  When  a  family  removes  from  a  school  district,  where  free  textbooks 
are  not  provided,  the  school  board  of  the  district  from  which  the  family  removes 
may  purchase  out  of  the  funds  of  the  district,  the  textbooks  in  actual  use  by 
the  children  of  such  family  at  a  fair  price  based  upon  the  cost  of  the  books  and 
upon  the  condition  of  same;  the  books  so  purchased  may  be  resold  to  other 
children  in  said  district. 

§  9.  When  the  district  school  board  or  board  of  education  of  any  district 
deems  it  advisable,  said  board  may  provide  for  the  free  use  of  school  textbooks 
by  the  pupils  of  their  school  or  schools,  or  whenever  five  or  more  legal  voters 
of  a  common  school  district  or  10  per  cent  of  the  legal  voters  of  a  consolidated, 
special  or  independent  school  district  shall  petition  the  board  to  submit  to  such 
district  the  question  of  providing  free  textbooks  to  pupils  attending  such  schools, 
it  shall  be  the  duty  of  such  board  to  submit  same  to  the  legal  voters  of  such  dis- 
trict. '  Such  questions  may  be  submitted  to  a  special  meeting  or  at  any  annual 
meeting  provided  fourteen  days'  notice  is  given  thereof  and  by  posting  said 
notice  on  the  schoolhouse  or  schoolhouses  of  such  district  and  in  such  other 
public  place  or  places  as  the  district  school  board  or  board  of  education  deems 
advisable,  and  in  all  cases  the  notice  of  such  meeting  shall  call  attention  to  the 
fact  that  such  question  will  be  submitted,  and  in  case  of  a  majority  of  the  legal 
voters  of  such  district  present  and  voting  at  such  meeting  are  in  favor  of  %such 
free  textbooks,  it  shall  be  the  duty  of  the  board  to  provide  the  same.  All  books 
purc'ased  by  school  boards,  as  herein  provided  shall  be  held  as  the  property  of 
the  district  and  loaned  to  pupils  of  the  district  while  pursuing  a  course  of  study 
therein,  free  of  charge;  but  the  school  board  shall  hold  such  pupils  responsible 


124  GENEEAL  SCHOOL  LAWS 


for  any  damage  to,  or  loss  of,  or  failure  to  return  such  books  at  the  time  and  to 
the  person  that  may  be  designated  by  the  board  of  such  district. 

§  10.  Any  person,  firm,  company  or  corporation  violating  any  provision  of 
this  act  shall  on  conviction  thereof  be  punished  by  fine  not  to  exceed  five  hun- 
dred dollars,  or  by  imprisonment  not  to  exceed  three  months,  or  by  both  such 
fine  and  imprisonment  at  the  discretion  of  the  court. 

|  11.     All  acts  or  parts    of    acts  inconsistent  herewith  are  hereby  repealed. 


CHAPTER  128 

SENATE  BILL  No.  127 

County  Aid  to  Rural,  Graded  and  Consolidated  Schools. 

An   Act  to  provide  for  county  aid  to  rural,   graded  and  consolidated  schools. 

Be  it  Enacted  by  the  Legislative  Assembly  of  the  State  of  North  Dakota: 

§  1.  Petition.  Election.]  Whenever  a  petition,  signed  by  qualified  elect- 
ors of  the  county  equal  in  number  to  ten  per  centum  of  the  votes  cast  in  the 
county  for  the  candidates  of  all  parties  for  the  office  of  governor  at  the  last  pre- 
ceding general  election,  is  presented  to  the  board  of  county  commissioners  at  least 
forty  days  prior  to  any  general  election  praying  that  a  tax  be  levied  upon  all  taxable 
property  in  the  county  for  the  purpose  of  providing  county  aid  to  rural,  graded 
and  consolidated  schools,  the  board  o  county  commissioners  shall  submit  such 
question  to  the  people  of  the  county  at  the  next  succeeding  general  election. 
Such  question  shall  appear  upon  the  ballot  in  the  following  form: 

For  county  aid  to  rural,  graded  and   consolidated   schools [ 

Against  county  aid  to  rural,  graded  and  consolidated  schools [ 

If  a  majority  of  the  electors  voting  upon  the  proposition  be  in  favor  of  grant- 
ing such  aid,  the  county  commissioners  shall  levy  a  tax  of  not  to  exceed  one  mill 
on  each  dollar  of  assessed  valuation  of  all  taxable  property  in  the  county. 

§  2.  Apportionment  of  tax.]  The  moneys  derived  from  the  tax  so  levied 
shall  be  apportioned  among  the  rural,  graded  and  consolidated  schools  of  the 
county  in  the  same  manner  as  the  moneys  received  from  the  state  are  now  ap- 
portioned among  such  schools.  When  making  the  apportionment  among  the 
schools,  the  board  of  county  commissioners  shall  consult  with  the  county  super- 
intendent of  schools  and  it  shall  be  his  duty  to  assist  the  board  of  county  commis- 
sioners in  making  the  apportionment'  of  said  moneys  in  the  manner  herein  pro- 
vided, v 

§  3.  Emergency.]  Whereas,  an  emergency  exists  in  that  no  provision  is 
made  by  law  for  county  aid  to  rural,  graded  and  consolidated  schools,  therefore, 
this  act  shall  take   effect  and  be  in  force  from  and  after  its  passage  and  approval. 


INDEX 


Section  Page 

ACCOUNTS— 

County  treasurer  to  keep,  with  school  corporations.  .  .  .  1220 33 

Form  of,  for  district  treasurer 1218 32,  33 

ACTIONS— 

Drought  in  the  name  of  the  state 1414. .  80 

Compulsory  attendance  law,  for  violation  of 1345 63 

District  treasurer  failing  to  pay  over  money 1352 65 

State's  attorney  to  prosecute  for  non-attendance 1345 63 

Who   may  institute,   on    school  treasurer's  bond 1171 22 

ACTS  LEGALIZED— 

Indebtedness   and    warrants   legalized 1421 81 

Must  be  within  debt  limit ....1422 82 

Pending   actions   not    affected 1422 82 

Refunding  bonds  legalized 1421 81 

ADDITIONAL   SCHOOL  TIME— 

When  additional  time  may  be  granted 1191 27 

ADJACENT  TERRITORY— 

I  low  attached  to  common  school  district 1142 15 

To   special    district 1240 38 

ADVERTISING— 

Proposals  for  building  school   house 1340 61,  62 

For  depository  of  school  funds 1474 97 

AGE— 

Compulsory    attendance    1342 62 

Deaf  and   feeble-minded,  compulsory  attendance.  .*...  .1342 62 

Required  for  elementary  cerl  ificate 1360,  1361 66 

For  professional  certificate   1362 66 

AGRICULTURAL   DEPARTMENTS   IX    HIGH   schools 

Appropriation  for  agriculture  in  schools 1433 84,  85 

For  each  of  five  schools  14)53 si,  S.i 

I nst ruction  offered  in  agricultural  schools 1434 85 

Limited  to  one  in  county 1435 "86 

National  aid,  to   receive  share 1435 85,  86 

Other  subjects  beside  agriculture 1434 85 

Requirements  to  receive  benefits  of  the  act 1434 85 

Schools  eligible  to  benefits  of  the  act 1 135 85,  86 

A  1 1 ),  ( 'OUNTY— 

To   consolidated,    graded    and    rural    schools,   except    high 

schools .  1 124 

Flection  upon  petition 1 124 

Limit     of    tax 1 124 

Tax,  how  apportioned 2 124 


126  INDEX 


Section  Page 

aid,  state- 
to  consolidated  schools   1446 89 

To  graded  schools   1445 89 

To  high  schools   1433 85 

To  high  schools  having  agricultural  departments 1433 85 

To  rural  schools    1445 89 

ANNEXATION— 

County  commissioners  may  annex  territory 1142 15 

To  a  special  district 1240 38 

APPEALS— 

Applicant  for  certificate  may  appeal,  how 1371 69 

Prom  decision  of  county  superintendent 1132 13 

Practice,  state  superintendent  shall  prescribe 1110 10 

State  superintendent  decides  appeals 1110 10 

APPORTIONMENT— 

Basis  of,  tuition  funds 1208,  1217 30,  32 

County  tuition  fund  by  county  superintendent 1225 35 

State  tuition  fund,  by  county  superintendent.  .  .  .1131,  1217 13,  32 

State  superintendent  apportions  when 1210 30 

Withheld,  when  1214,  1216 31,  32 

APPROPRIATIONS— 

Consolidated  schools,  aid  for .  1446 89 

Educational  institutions,  state 1418 80 

Graded  and  rural  schools,  aid  for 1445 89 

Institute  fund,  state  appropriation 1392 73 

Schools  having  departments  of  agriculture 1433 85 

State  board  of  regents 10 116 

State  high  school  as  aid 1433 85 

APPEOPEIATIONS,  REQUESTS  FOR— 

Certain  institutions  to  submit 1739 109 

Publication  of  statements,  how 1741 109 

Statements  to  contain,  what 1740 109 

ARBITRATION— 

(See  Board  of  Arbitration) 

Board  constituted   .' 1327 57,  58 

Debts  and  assets  determined  by 1321 56 

Divides  property  of  the  districts  concerned 1328 58 

ASSESSORS— 

County  superintendents  to  furnish  maps 1129 13 

ASSESSMENTS— 
(See  Taxes) 

ASSOCIATIONS— 

County  teachers'  association    1125 12,  13 

State  association,  proceedings  to  be  published 1119 11,  12 

Teachers  may  attend    1401 76 

ATTENDANCE— 

Compulsory    age   for 1342 62 

Length   of  time  pupil   must   attend 1342 62 

Penalty  for  failure  to  comply  with  the  law 1344 63 

Prosecution  for  failure  to  obey  law 1345 63,  64 

Who  are  exempt  from  compulsory  attendance 1342 62,  63 


INDEX  12i 


Section  Page 

BALLOTS— 

Form  of,  for  election  on  bonds 1333 59 

For   formation   of   special   district 1233 37 

For  consolidation   of  schools    1190 27 

For   special   districts    1265 44 

To  divide  and  form  special  district 1233 37 

School,    non-partisan    907 107 

No   party   ballots    907 107 

Same  at  general  election 909 108 

School  nominations  on  separate  .ballots 908 107,  108 

BANKS— 

Designated  as  depositories    1473 97 

In    special    districts 1277 46,  47 

To  furnish  monthly  statements   1483 99 

BIBLE— 

Not  a  sectarian  book,  teacher  may  read 1388 73 

BLANKS— 

Distributed  by  county  superintendent 1125 12 

Prepared  by  superintendent  of  public  instruction 1108 10 

BLIND  AND  DEFECTIVE— 

Care  of  blind  children 1707-8 108 

Care  of  feeble  minded  persona 1714 108,  109 

Enumeration  of,  by  school  board 1195 28 

BLTND  CHILDEEN,  CAEE  OF— 

Board  of  control  has  power 1707-8 108 

Children  under  school  age    1707 108 

BOAED  OF  ADJUSTEES— 

How  composed,  and  duties 1228 35,  36 

BOAED  OF  AEBITEATION— 

Appointment  of  members  of  board 1327 57,  58 

Duties  of  such  board   1328 58 

Members   of   the  board 1327 57,  58 

Taxes  levied  by,  to  pay  award 1328-1329 58 

Collection  of  taxes  so  levied 1330 58 

BOAED  OF  EDUCATION— 

(See  Common  School  District  Board) 

(See  topic  under  Special   District  and  Independent  District) 

BOAED  OF  EDUCATION  IN  CEETAIN  CITIES— 

Arbitration  on    change  of  boundaries 1321 56 

Assets,   how   determined    1321 56 

Debts  determined,  how    1321 56 

Elected  at  large    1315 :  55 

Election,  how  conducted    1317 56 

Independent  organizations,  abolished,  how 1319 56, 

Old  school  officers    hold  over 1 320 56 

Eelatives  not  eligible  as  teachers 1318 56 

Term  of  office  of  board  members 1316 56 

BOAED  OF  EXAMINEES— 

(See  State  Board  of  Education) 


128  INDEX 


Section  Page 

BOARD  OF  HEALTH— 

County    ' 1186,   404 25,  107 

BOARD  OF  INSPECTION— 

Who  constitutes,  and  duties  of  board 1186 25 

BOARD  OF  REGENTS— 

(See  State  Board  of  Regents) 

BOARD  OF  UNIVERSITY  AND  SCHOOL  LANDS— 

May  redeem  bonds  (Chapter  270,  Laws  1915) 1 ill 

BONDS— 

Of  special  district   (see  under  Special  District) 

Of  independent  district    (see  under  Independent  District) 

BONDS  OF  COMMON  SCHOOL  DISTRICTS— 

Bonds,    denomination   of    1334 59 

Building  contracts  let  on  bids   1340 61,  62 

Cancelled  bonds  recorded    1339 61 

Certificate  of  county  auditor  required   1335 60 

County  auditor  may  levy  tax,  when 1338 61 

Depository  of  sinking  fund 1336 60,  61 

How   selected    1336 60,  61 

Election  for  issue  of  bonds    1332 58,  59 

Ballot  for  election   for  bonds    1333 59 

Called   on  petition  only    1333 59 

Notice  of  election  on  bonds 1333 59 

Not  to  be  resubmitted  in  the  same  year 1333 59 

Form  of  bonds   1335 59,  60 

How    issued    ' 1332 58,  59 

Issued  for  previous  indebtedness,  may  be 1341 62 

Limit  of  bond  issue    1334 59 

Negotiated,   how    1337 '.  .  61 

Purpose  of  bond  issue   1332 58,  59 

Rate  of  interest    1334 59 

Record  of  bonds  to  be  kept   1335 59,  60 

Redeemed,  when  and  how 1 Ill 

Register  of  bonds   1335 60 

Sinking  fund  for  payment  of  bonds ■.  .  .1336.' 60,  61 

Statement   from   district   officers    1335 59,  60 

Tax  levy  for  sinking  fund  and  interest 133.6 60 

Treasurer  exempt  from  liability,  when 1336 61 

BONDS,  OFFICIAL— 

Action  on  school  treasurer 's  bond 1171 22 

Bank  must  give  bond  as  depository 1475 97,  98 

City  treasurer  as  treasurer  of  independent  district.  .  .  .1305 53 

Contractor,  for  building,  must  give  bond 1340 61,  62 

Members  state  board  of  regents 4 113 

School   treasurer 's   bond    1165 20,  21 

Additional  bond  required,   when 1166 21 

Surety  bond,  and  premium,  how  paid 1167 21 

Treasurer  of  special  school  district  gives  bond 1256 42 

Where  bonds  are  filed   1171 22 

BOOKS— 

Free   text   books    1397 75 

List  for  libraries,  furnished  by  whom 1108 10 

Text  books  approved  by  state  superintendent 1397 75 

Uniform  text  books   (Chapter  145) 1-11 121,  124 


[NDEX  129 


Section  Page 

BOUNDARIES— 

County  commissioners  may   rearrange 1147 16,  17 

.    How    changed     1146 16 

By  annexation  of  part  of  town 1143 15,  16 

New  districts  receive  what  boundaries 1147 16,  17 

Of   independent    school    districts 1289 49 

Of  special  district,  how  changed 1 240 38 

BEANCHES  OF  STUDY— 

(See  Studies) 

CENSUS,  SCHOOL— 

Enumeration,    taken    when    and    how 1195 28 

In  independent    districts    1304 53 

In    special    districts    1251    (15) 41 

Beport  sent  to  whom 1196 28 

CERTIFICATES— 

Accredited   work    1368 68 

Appeal  of  applicants   1371 69 

Diplomas  accredited,  state  institutions 1365 67 

Accredited   other  institutions 1366 68 

Disposition  of  fees  for  examination 1377 70 

Examination  by  county  superintendent 1370 69 

Fees  for  certificates   1376 70 

Grades   of   certificates    1359 .  .v 66 

First   grade  elementary   certificate 1361 66 

First   grade   professional   certificate 1363 67 

Second  grade  elementary   certificate 1360 66 

Second  grade  professional  certificate 1362 66,  67 

High  school  diplomas  accredited,  when 1369 68,  69 

Issued  by  state  board  of  education 1358 65,  66 

Other   diplomas  accredited    1366 68 

Papers  kept  on  file,  how  long 1371 69 

Permits   issued   when,   and   to   whom 1367 68 

Pupils  from  agricultural  schools,  standings  of 1465 95 

Qualifications   of  teachers 1372 69 

Recorded  in  the  office  of  county  superintendent 1372 69 

Re-examination  of  papers,  when 1371 69 

Revoked,    when     1374 69,  70 

How   revoked    1375 70 

Teacher  entitled  to  hearing   1375 70 

Special    certificates    1364 67 

Subjects  in    which   to    be   examined 77 5 

Teacher  must  hold  certificate  to  teach 1373 69 

When    revocable     1374 69,  70 

CHILD  LABOR— 

Age  when  unlawful  to  employ  children Mud 77 

Employmenl  certificate,  what  to  contain 1408 78 

Issued  on  what  evidence 1407 78 

Must  be  exhibited,  to  whom  L405 77 

Must    be  kepi   on   file    L405 77 

Who  may  issue  certificates   l  t06 77 

Employments   prohibited    1112 79 

Evidence  of  age  furnished    L405 77 

Hours  of   labor   for  employment   of  child 1410 78,  79 

Inspection    id'    places   id'   work 1111 79 

Lists  of  children  employed  must  he  posted 1405 77 


130  INDEX 


CHILD  LABOE  (Continued)—  Section  Page 

Lists  accessible,  to  whom    1405 77 

Peace  officer  to  inspect    1411 79 

Penalty  for  violating  provisions  of  this  act 1413 79,  .80 

Prosecutions,  how  brought    1414 80 

Qualifications  of  the  child  for  certificate 1407 78 

School  record  of  child  shall  contain,  what .  .1409 78 

CITY  COUNCIL— 

Ordinances  as  to  property  of  independent  district.  .  .  .1314 55 

CITY  TEEASUEEE— 

In  special  districts  is  treasurer 1254 41 

Is  treasurer  of  independent  district 1304 53 

Moneys  of  district  paid  to,  when 1303-4 52,  53 

CLEEK  OF  SCHOOL  DISTEICT— 
(See  District  Clerk) 

COAL— 

Use  of  lignite  required   1828 109,  110 

COMMISSIONS  OE  BEWAEDS— 

Not  to  be  received  by  any  school  officer 1529 106,  107 

COMMON  SCHOOL  DISTEICT— 

Apportionment  forfeited,  when   1216 31,  32 

Attached  to  other  districts,  when 1142 15 

Bonds    (See  Bonds  Common  School  District) 

Boundaries  changed,  how    1146 16 

General   changes    -. 1147 16,  17 

Conditions  on  which  organized   1141 15 

Consolidated,  when  and  how 1190 27 

Contracts  of,  irregular  ratified 1150 17 

County    commissioners,    duties    of 1146-47 16,  17 

County  treasurer,  accounts  with 1220 33,  34 

Divided,  when  by  natural  object 1142 15 

Division  to  form  special  district 1230-35 36,  37 

Each  district  a  corporation    1140 15 

Election  of  officers    1151-59 17,  19 

See  Election  of  Officers  in  Common  School  Districts) 
Election  on  bonds  (See  Bonds  of  Common  School  District) 

Having  no  school  board,  indebtedness  how  paid 1228 35,  36 

Irregularities    legalized    1150 17 

May  acquire  and  dispose  of  property 1140 15 

May  sue  and  be  sued   1140 15 

Name  of  district 1145 16 

New  districts,  how  formed   1147 16,  17 

In  adjacent  counties    1147 16,  17 

Public  notice,  how  given  1148 17 

Not  entitled  to  tuition  fund,  when 1214,  1216 31,  32 

Numbers   of    1145 16 

Old  numbers  retained    1145 16 

Officers  in  a  new  district 1151 17,  18 

Petition  for  organization    1141 15 

Plats  prepared  by  county  auditor 1149 17 

Schools  shall  be  free  and  accessible 1343 63 

Small  territory  attached  to  adjacent  district 1144 16 

Territory  in  two  counties,  how  divided 1142 15 

Town  or  village  divided  by  county  line 1143 15,  16 

What  constitutes  a  common  school  district 1140 15 

What  territory  may  be  organized  in  a  school  district.  .1141 15 


INDEX  131 


COMMON  SCHOOL  DISTRICT  BOARD-  Section  Page 

Action   on   treasurer 's  bond 1171 22 

Additional  branches   of  study .  1181 24 

Additional   school   time    1191 27 

Annual  report    1197 28 

Annual  settlement  with  treasurer 1218 32 

Arranges  school  term   1189 26 

Bonds,   may  purchase   outstanding 1336 60 

Eedeemed,  how  (Chapter  270,  Laws  1915) 1 Ill 

Branches  of  study,  additional   1181 24 

Cancellation  of  paid  bonds    1339 61 

Census  shall  be  taken,  and  how  taken 1195 28 

Of  defectives,  to  whom  sent 1196 28 

Clerk  of  school  board    1160 20 

Annual  report    1197 28 

Compensation  of  clerk  1164 20 

Duties  of  clerk    1164 20 

Vacancy  in  office  of  clerk   1325 57 

Compensation  of  regular  officers   1162 20 

Special  attendance  school  officers  meetings 1162 20 

Consolidation  of  schools    1190 27 

Contracts,  members  not  to  be  interested  in 1349 64 

Course  of  study  and  additional  branches 1181 74 

Depositories,    may    designate 1473 97 

District  high  school,  may  establish 1192 27 

Adjacent   districts   may   join 1194 27 

Length  of  term   .' 1193 27 

Drinking  cups,  public  use  of  prohibited   2953 110,  111 

Duties  of  president   1163 20 

Clerk    1164 20 

Employ   and   dismiss   teachers 1178 23,  24 

Equalization  of  indebtedness   1327 57,  58 

Establishes  schools    1174 22 

Exits  for  buildings  required 1200 29 

Fences,  to  provide  when   1205 29 

Fire  escapes,  must  provide   1201 29 

Duty  of  what  officers   1202 29 

Penalty  for  neglect  of  duty  1203 29 

Fixes  length  of  school  term 1189 26 

Free  text  books,  may  furnish   1397 75 

When  and  how  provided   1398 75 

(See  also  Chapter  145,  Laws  1915s*    121,  124 

Funds,  treasurer  pays  out,  when 1168 21 

Furniture  and  apparatus,  board  must  provide 1176 23 

General  powers  of  the  board 1173 22 

Government  and  discipline,  may  prescribe  rules 1180 24 

Grades,  salaries  of  teachers 1178 23,  24 

Hitching  posts,  must  provide  1207 30 

Health  and  decency,  duty  in  regard  to 1403 76 

How  constituted    1161 20 

Indebtedness   equalized    1327 57,  58 

Kindergarten,   may   establish,   when 1402 76 

Length  of  school  year  fixed  by  board 1189 26 

Library,  making  provision  for 1176 23 

Care  of  library    1177 23 

Expenditure  for  library  purposes  limited 1176 23 

May  appoint  librarian   1177 23 

Limit  salary  of  clerk   1164 20 

Salary  of  treasurer   11 72 22 


132  INDEX 


COMMON  SCHOOL  DISTRICT  BOARD   (Continued)       Section  Page 

Meetings,  regular  and  special    1162 20 

New  school  for  remote  pupils 1188 26 

Oath  of  office  1159 19 

Oath  and  bonds  filed  with  clerk 1171 22 

Organization  of  the  board    1160 20 

Physical  education,  make  provision  for   1390 73 

Powers  of  board,  general 1173 23 

Specific,   of  board    .,1174-1189 22,  26 

President,  duties  of    1163 20 

Proposals  for  building  school  house    1340 61,  62 

Pupils  from  other  districts,  may  admit,  when 1179 24 

Assigns  and  transfers  pupils   1179 24 

Conveying  and  transportation  of  pupils 1190 27 

Prom  unorganized  territory    1179 24 

Rules  of  discipline  for  pupils 1180 24 

Suspends  and  expels  pupils  for  cause 1180 24 

When  sent  to  another  district,  how  „ 1179 24 

Purchase  of  site  for  school  house.  hoAV 1187 26 

Quorum     1161 20 

Records   open   to   inspection    1198 28 

Must  be  kept  in  English   1199 28,  29 

Remote  pupils,  new  school  for   1188 26 

Rental  public  buildings,  paid,  when  (Chapter  165) ....          Ill,  112 

Repairs,  fuel  and  supplies,  to  furnish 1175 23 

Report  on  library  facts 1177 23 

School  house  site,  how  obtained   1187 26 

Area  of  school  house  site   1187 26 

Title  to  same   1187 26 

School  house  and  site,  new,  how  determined 1184 25 

Must  be  kept  in  proper  condition    1186 25,  26 

Plans,  how  obtained   1185 25 

Special  election,  how  called  1185 25 

School  house  used  for  other  purposes  1183 24,  25 

Under   what   restrictions    1183 25 

Schools  established  for  remote  pupils,  how 1188 26 

Shall  receive  no  commission 1529 106,  107 

Penalty  for  violation   1529 107 

Speculation  in  office  prohibited   1349 64 

Stables  in  rural  districts   1207 29 

Tax   levy  made   by  board 1182,   1222 24,  34 

For  sinking  fund  and  interest   1336 60,  61 

Limit  of,  when  increased   1182 24 

Notice  to  county  auditor  1182 24 

Teachers,  employ  and  dismiss 1178 23,  24 

Grade,  salaries  of   1178 23,  24 

Terms  of  school,  how  fixed    1189 26 

When  discontinued    1189 26 

Text  books,  free,  powers  of  board 1397 75 

Treasurer,  additional  bond,  when 1166 21 

Bond  of  treasurer 1165 20,  21 

How  approved    1165 21 

Premium,   how  paid    1167 21 

Surety  bond   accepted    1167 21 

Pays  on  warrants  only    1168 21 

Report  of  treasurer 1218 32,  33 

Salary  of  treasurer   1172 22 

Vacancy  in  office  of  treasurer,  when    1165 20,  21 

Warrants  endorsed,  when    1169 21 


INDEX  133 


COMMON  SCHOOL  DISTRICT  BOARD   (Continued)      Section  Page 

Warrants  must  specify  purpose  of  issue 1170 22 

Trees,  duty  of  board  to  plant    1204 29 

Funds  for  tree  planting   1206 29 

Truant  officer,  board  may  employ,  when 1345 64 

Vacancies,  how  filled    1324 57 

Warrants,  by  whom  signed 1168 21 

Shall  draw  interest,  rate   1169 21,  22 

What  to   specify    1170 22 

When  to  be  endorsed  by  treasurer 1169 21,  22 

What  constitutes  the  board 1161 20 

COMPULSORY  EDUCATION— 

Age  for  compulsory  attendance   1342 62 

County  superintendent  helps  to  enforce   1345 63,  64 

Defective  children  sent  where 1342 62 

Distance  of  compulsory   attendance    1342 63 

Exceptions  in  compulsory  education   (five) 1342 62,  63 

Exempt  for  religious  duty,  when   (Paragraph  5) 1342 63 

Medical  inspection  permitted   1346 64 

Penalty  for  neglect    1344 63 

Prosecution  for  neglect   1345 63,  64 

CONDUCTOR— 

Institute  conductor  appointed  by  whom 1392 73,  74 

CONSOLIDATED  SCHOOL— 

Defined     1190 27 

Entitled  to  state  aid  1446 89 

How  to  secure  county  aid 1 124 

CONSOLIDATION  OF  SCHOOLS— 

Arrangements  made  by  school  board   1190 27 

Election  to  vote  on  consolidation 1190 27 

Conduct  of  election 1190 27 

Distance  for  compulsory  attendance   1342 63 

CONSTITUTIONAL  PROVISIONS— 

Applying  to  education  and  schools   (Article  VIII) 9 

CONSTRUCTION  OF   SCHOOL  BUILDINGS— 

Approval  of  plans  by  whom  1489 100 

Construction  of  school  house    1490 100 

Ceilings    1490 * 100 

Cleanliness     1490 101 

Heating     1490 100 

Light    1490 100 

Ventilation    1490 100 

Exits,  kind  of    1490 100 

Grievances,  how  adjusted   1 492 1  o  1 

Heating  pipes,  where  placed   149.3 101 

Inspector,  state  superintendent  made  such   1489 100 

Method  of  inspection    1492 101 

Sanitary   requirements    1490 100,  101 

Specifications  must  guarantee,  what   1 494 101 

Toilet   rooms,   construction   of 1491 101 

Ventilating  flues,  kind  of   1493 101 

Violations,   penalty   for    1494 101 

CONTRACTORS— 

Must  give  bond  for  building 1340 62 


134  INDEX 


GONTEACTS—  Section  Page 

Advertise  for  bids  for  letting 1340 62 

How  let  by  board  in  special  district 1259 43 

Officers  not  to  be  interested  in 1349 64 

In  independent  district  not  interested  in 1294 50 

Of    irregular    district    ratified 1150 17 

Proposals  for  contract   1340 62 

Teacher's  contract  must  be  in  writing 1178 23,  24 

Is   void,    when 1374 69,  70 

CONVEYANCE— 

Of  real  estate  in  independent  district 1310 54 

COEPOEATION— 

Each  district  a  corporation 1140 15 

COUNTY  AGEICULTUEAL  AND  TEAINING  SCHOOLS— 

Acts  legalized    1471 96 

Admission   on  non-residents    1462 94 

Application  to  establish  school,  sent  where 1463 94 

Statement  to  accompany  application 1463 94 

Board  of  trustees  created 1458 92 

Appointed  by  county  commissioners 1458 92 

Bond  to  be  given  by 1459 93 

Builds  school,  when    1461 94 

Consists  of  what  members   1458 92 

County   superintendent  a  member  ex-officio 1458 92 

No  compensation  to  members  1459 93 

Oath  of  member  of  board  of  trustees 1459 93 

Term  of  office  of  appointed  members 1458 92 

Vacancies,  how  filled    1458 92 

Certificate  of  completion  of  course  given 1465 95 

Limited,  when    1465 95 

Has  value  of  second  grade  certificate,  when 1465 95 

Certificates  of  indebtedness  may  be  issued,  when 1455 91,  92 

Cost  of  maintenance  borne  by  county  and  state 1456 92 

County  school,  how  established   1455 91,  92 

Construction  of  buildings   1455 91,  92 

Election  to  be  held   1455 91,  92 

Issue  of  certificate  of  indebtedness 1455 91,  92 

Tax  to  be  levied  and  amount 1455 91,  92 

County  treasurer  is  treasurer  of  board  of  trustees 1457 92 

Is  treasurer   of  united   school    1468 96 

Donations  of  site  and  money  may  be  received 1461 94 

Elections   legalized    1471 96 

Fund  created  by  the  state 1469 96 

Inspection  of  agricultural  schools   1460 93,  94 

Levy  for  state  fund  for  agricultural  schools 1470 96 

Proceedings  legalized    1471 96 

Qualifications  of  teachers  in  agricultural  schools 1460 93,  94 

Eeport  of  secretary  to  state  superintendent 1464 94,  95 

Schools  free  to.  residents  of  the  county 1462 94 

Site,  how  secured    1461 94 

Standings  accepted  by  certificating  officers 1465 95 

State  agricultural  school  board  constituted   (See  State 
Board  of  Education) 

State  aid,  how  secured    1464 94,  95 

Two  or  more  counties  may  unite  to  establish  school .  .  1466 95 

Taxation  for  union  school   1467 95,  96 

Treasurer  for  union  school   1468 96 

Warrant  for  state  appropriation,  drawn  when   1464 94,  95 


INDEX  135 


COUNTY  AID—  Section  Page 

To    consolidated,    graded   and    rural    schools    (Chapter 

128)    124 

Election  upon  petition 1 124 

Limit  of  tax 1 124 

Tax,  how  apportioned   2 1 24 

COUNTY  AUDITOR— 

Certificate  required  on  bonds  issued 1335 59,  60 

Draws  warrant  for  institute  fund,  when 1391 7:! 

Extends  levy  of  independent  district 1301 52 

Levies  tax  to  pay  bonds,  when  1338 til 

To  furnish  school  district  plats  1149 17 

COUNTY  BOARD  OF  HEALTH— 

How    composed    404 L07 

COUNTY  COMMISSIONERS— 

Appoint  county  superintendent  in  case  of  vacancy ....  1323 57 

Appoint  trustees  of  agricultural  schools   1458 92 

Forms  new  school  district,  when   1147 16,  17 

Call  election  for  agricultural  school 1455 91 

May  establish  agricultural  school   1455 91 

Levy  of  tax  for  such  school 1456 92 

May  re-arrange  boundaries  of  school  districts   1146 16 

county  officials- 
No  commission  or  reward,  shall  receive 1529 106,  107 

Penalty  for  violation   1529 107 

COUNTY  SUPERINTENDENT  OF  SCHOOLS— 

Absence  from  the  county   1139 14,  15 

Action  on  district  treasurer 's  bond 1171 22 

Administer  oaths,  power  to  1133 13,  14 

Apportions  the  tuition  fund   1131 13 

Application  for  aid  to  rural  and  graded  schools 1443 88 

Advises  and  directs  teachers 1124 12 

Blanks,  distributes  to  school  officers 1125 12 

Calls  election  on  special  district 1231 36 

Carries  into  effect  instructions  of  state  superintendent.  1125 12 

Certified  statement  of  number  of  schools,  files 1394 74 

Compulsory  education,  duties  in  enforcing 1345 63 

Consults  state  superintendent  about  institutes 1393 74 

Convenes  teachers  for  instruction 1125 12,  13 

County  superintendents'  meetings,  to  attend 1111 10 

Decides  questions  of  school  law   1132 13 

Deputies,  may  appoint 1136 14 

Salaries  of  deputies   1136 14 

Distributes  blanks  to  school  officers   1125 12 

Duties  of   1123-25 12 

Election  of   1121 12 

Ballot  at  general  election   909 108 

No  party  affiliation  907 L07 

No  party  ballots 907 in? 

Separate  ballots,  school  nomination    908 107,  108 

Two  candidates  nominated,  how  908 108 

Elections,  duty  in  first  election  in  common  district.  .  .1152 18 

Formation  of  special  district 1231-32,  1236 36,  37 

As  to  result  of  election   1234 37 

Enumeration  sent  to  whom  1195 28 

Examines  teachers  for  certificates 1370 69 


J  36  INDEX 


Section  Page 

COUNTY  SUPERINTENDENT  OP  SCHOOLS  (Continued)— 

Expenses    1137 14 

Pills  vacancies  in  district  offices  1324 57 

Furnishes  assessors  with  maps  of  districts 1129 13 

General    duties    1123-25 12,  13 

Carry  out  instructions  from  state  superintendent.  .1125 12,  13 

Distribution  of  blanks   ■ 1125 12 

Hold  teachers'  meetings    1125 12,  13 

Shall  visit  schools   1124 12 

Institute  fund,  how  created   1391 73 

Statement  of  institute  fund   1391 73 

Instructs  officers  in  record  keeping   1126 13 

Lists  of  officers  to  be  filed 1130 13 

May  organize  teachers'  training  school,  how 1393 74 

Medical  inspection,  duty  to  aid  in 1346 64 

Meeting  of  superintendents,  to  attend 1111 10 

Member  board  of  trustees  agricultural  school 1458 92 

Member  County  Board  of  Health 404. 107 

Mileage  of  superintendent  and  deputies 1137 14 

Notify  district  treasurer  of  apportionment 1217 32 

Oaths,  may  administer,  when   1133 13,  14 

Office,   stationery,   etc 1138 14 

Officers'   meetings,   annual    1127 13 

For  record  keeping,  special 1126 13 

Plats  and  maps  furnished  to  assessors 1129 13 

Preserve   documents    1128 13 

Qualifications  of  county  superintendent   1122 12 

Record  of  official  acts 1128 13 

Record  of  visits 1124 12 

Report  to  the  state  superintendent 1135 14 

Reports  delinquent  teachers,  when   1134 14 

Salary   1137 14 

School  law,  decides  questions  6f  .  .- 1132 13 

Seal  of  county  superintendent 1128 13 

Shall  not  absent  himself  from  the  county 1139 14,  15 

Shall  not  engage  in  other  occupation 1139 14,  15 

Shall  receive  no  commission   1529 106,  107 

Penalty  for  violation .1529 107 

Special  districts,  calls  election  to  form 1231 36 

Supervises  common  schools   1123 12 

Teachers,  advises 1124 12 

Convenes  for  instruction 1125 12,  13 

Teachers '  institute,  gives  notice  of 1385 72 

Term  of  office 1121 12 

Vacancies  in  office  filled  by !".  1324 57 

Vacancies  in  office  of,  how  filled 1323 57 

Visits  and  inspects  schools 1124 12 

Withholds  county  tuition  fund,  when 1214-16 31,  32 

COUNTY  TREASURER— 

Acting  district  treasurer,  when 1165 21 

Is  treasurer  of  county  agricultural  school 1457 92 

Keeps  accounts  with  school  corporations 1220 33 

Negotiates  bonds,  when _ 1337 61 

Notifies  clerk  when  money  drawn 1219 33 

On  equalization  board,  when   1327 58 

COURSE  OP  STUDY— 

For  common  schools  prescribed   1 109 10 


INDEX  137 


CREDIT  GIVEN—  Section  Page 

For  reading  circle  work    1396 74 

From  agricultural  schools    1465 95 

On  diplomas  of  higher  education   1365-66 67,  68 

On  high  school  diplomas   1369 68 

On  normal  diplomas 1365-66 67,  68 

On  standings  of  summer  schools,  etc 1368 68 

CURATIVE  ACTS— 

Indebtedness  and  warrants  legalized 1421 81 

Previously  organized  districts  declared  legal 1150. 17 

Refunding    bonds — legalized     1421 81 

DEBT  LIMIT— 

Bonds  and  other  indebtedness   1334 59 

■  Must  not  be  exceeded  by  certain  bonds 1422 82 

Not  to  be  increased  more  than  ten  per  cent,  prior  to 

July  1st,  1917  (Chapter  254)    4 120 

DECENCY  AND  HEALTH— 

Provisions  for    1403 76 

DEFECTIVES— 

Compulsory  education  of   1342 62 

DEPOSITORIES— 

Additional  bond  required,  when   1475 97,  98 

Advertising  for  proposals   1474 97 

Approval  of  bond  of  depository 1475 97,  98 

Board  designates  depository   1473 97 

Bond  approved  by  district  judge,  when 1475 97,  98 

Bonds  of  depository   1475 97,  98 

Checks,  how  signed   1 484 99 

Depositories  chosen,  how   1473 97 

Equal  bids,  duty  of  the  board 1476 98 

Equal  balances  in  two  or  more  banks 1477 98 

Exceptions  to  the  law 1487 100 

Funds  deposited,  in  whose  name 1481 99 

Funds  to  be  deposited   1472 97 

Highest  bid  to  be  accepted 1475 97,  98 

How  time  depository  selected   1479 98,  99 

Interest  credited,  when ' 1483 99 

Maximum  rate  of  interest  to  be  paid 1480 99 

Minimum   amount  to  require  deposit 1487 100 

Monthly  statement  must  be  furnished  by  bank 1483 99 

Penalty  for  violation  of  this  law 1482 99 

Proposals  for  deposit  of  funds    1474 97 

Treasurer  exempt  from  liability  when   deposit  made.. I486 99,  100 

Violation  of  law  a  misdemeanor  .  .  . 1488 100 

When  bids  not  required   1485 99 

When  time  deposits  may  be  made 1478 98 

Where  there  is  one  bank  or  no  bank 1485 .  99 

DEPOSITORY  OF  SINKING  FUND— 

How  chosen  and  report 1336 60,  61 

DEPOSITORY,  SPECIAL  DISTRICT— 

For  sinking  fund,  how  chosen   1277   (2) 46 

DEPUTIES— 

County  superintendent  may  appoint,  salary  of 1136 14 

State  superintendent  may  appoint 1120 12 


13*  LNDEX 


DISCONTINUANCE—  Section  Page 

Of  school  term,  when 1189 26 

DISTEICT  CLEEK— 

Appointment  of,  by  board   1160 20 

Compensation  and  duties   1164 20 

Duty  as  to  bonds  1335-1339 59,  61 

False  reports,  penalty  for 1354 65 

Notify  county  auditor  of  tax  levy 1222 34 

Notice  of  election  of  officers,  to  give   1158 19 

Vacancy,  sent  to  whom 1324 ....'. 57 

Post  notice  of  election   1155 18,  19 

Eecords  open  to  public 1198 28 

Shall  receive  no  commission   1529 106,  107 

Tax  levy,  notice  to  county  auditor 1182 24 

Vacancy,  how  filled 1325 57 

DISTEICT  HIGH  SCHOOL— 

How  established  and  controlled 1192 27 

Adjacent  districts  may  join 1194 27,  28 

Length  of  term  in  district  high  school 1193 27 

DEILLS,  FIEE   (Chapter  137)  — 

County    superintendent    ta    prescribe    rules    in    rural 

schools     2 120 

Salary    withheld    1-2 120 

Superintendent    (city)    to  prescribe   rules 1 120 

Teachers  shall  give    1 120 

Twice  each  month  all  public  schools  1 120 

DRINKING  CUPS— 

Public  use  of,  prohibited  in  schools  of  any  kind 2952 110 

School  boards  shall  not  furnish 2953 110,  111 

School  boards  shall  not  permit 2953.  .  :  .  .  .  110,  111 

Violation,    penalty    for    2954 Ill 

DUTIES  OF  TEACHERS— 

Assignment   of   studies    1387 72,  73 

Bible,  reading  of    1388 73 

Branches  to  be  taught    1383 71,  72 

Certificate,   must  have    1380 71 

Certificate,   must   be   recorded 1372 69 

Certificate,  or  permit,  to  whom  granted 1372 69 

May  be  revoked  for  cause   1374 69,  70 

Contract   must  be   in  writing    1178 23,  24 

When   void    1372 69 

Delinquent  teachers,   reported  by  whom    1134 14 

Examination   for   certificate    1370 69 

Dates   of  examination    " 1370 69 

Excused  from   attendance   at   institute,   when 1385 72 

Grades    pupils    1387 72,  73 

Holidays,   what   are    1382 71 

Humane  treatment  of  animals,  must  teach 1384 72 

Institute  and  training  school,  must  attend 1385 72 

Instruction    concerninng    nature    of    alcoholic    drinks 

and  narcotics  must  be  given 75-76 5 

Kindergarten  teacher  must  hold  certificate 1402 76 

May  suspend  pupil,  duty  in  such  case 1386 72 

Must    hold    certificate    1380 71 

Moral   instruction,   must   be   given 1389 73 

No   compensation,   when    1380 71 


INDEX  J  39 


DUTIES  OF  TEACHEES    (Continued)—  Section  Page 

Notice   of   opening  and   closing  school 1379 71 

Penalty  for  failure  to  attend  institute 1385 72 

Physical  education,  instruction  in,  must  be  given.  .  .  .1390 73 

Qualifications  of  teachers    1372 69 

Eeceive   no   commissions    1529 106,  107 

Ee-examination   of   papers,   when 1371 69 

Eegister,   what   to    contain 1381 71 

Eelatives  of  the  board  may  teach,  when 1173 22 

Eeport  to  county   superintendent    1381 71 

School  year  and  school  week  defined 1382 71 

Superintendent  of  city  school  supervises   1378 70,  71 

Wages  held  back,  when    1 381 71 

Writing  must  be  taught    1451 91 

EDUCATIONAL  ASSOCIATION— 

Proceedings  to   be  published    1119 11,  12 

Teachers   and   superintendents   may    attend 1401 76 

ELECTION   OF   OFFICEES   IN   COMMON    SCHOOL   DISTEICT— 

Canvass  of  votes    1157 19 

Certificate  of  election    1158 19 

Conduct  of  election    1157 19 

Date  of  election    1151 17 

Election    officers    1156 19 

Vacancy,  how  filled    1156 19 

First   election   called  by   county   superintendent 1152 18 

Election    officers    '. 1151 17,  18 

Notice   of   election    1155 18 

Posted  fourteen   days 1 155 18,  19 

Oath  of  election  officers    1156 19 

School  officers    1159 19 

Officers  to  be  elected    1151 17,  18 

At  first  election    1151 17,  18 

Who  may  be  officers    1153 18 

Polling  places,  how  established    1152 18 

Polls   open,   hours   of   election 1154 18 

Tie,  how  determined    1157 19 

Voters,   who   are    1153 18 

ELECTION    OF    STATE    AND    COUNTY    SUPEE1NTENDENTS,    NON- 
PARTISAN— 

Ballot  at  general  election   909 108 

No  party  affiliation    907 107 

No  party  ballot    907 107 

Separate  ballot,   school   nomination    908 107,  108 

Two    candidates   nominated,    how 908 108 

ELECTIONS— 

By   secret   ballot 129 9 

Build  or  remove  school  house 1185-1188 25,  26 

Certain  cities,  school  officers,  how  elected 1315 55 

Consolidation  of  schools    1190 27 

County  agricultural   schools,   to  establish 1455 91 

District  high  school,  to  establish 1192 27 

First  election  in  new  district    1 152 18 

First  officers  in  new  special  district   1244 39 

Independent  district,  to  create 1 286 48 

Officers  of  common  school  district 

(See  Election  of  Officers  in   Common   School  Districts 


140  INDEX 


ELECTIONS   (Continued)—  Section  Page 

Officers  of  independent  school  district 

(See  under  Independent  School  District) 
Officers   of   special   district 

(See   under   Special   District) 

Question    of    conveying    pupils     1190 27 

School   houses  and   sites,   to   determine 1184. . .  . ." 25 

Special  district,  to  form 1231,  1236,  1243 36,  37,     39 

ELECTION  FOR  BONDS— 

Bonds  of  common  school  district,  to  issue 1332 58 

Ballot  for  election  on  bonds 1333 59 

Called  only  on  petition 1333 59 

Notice  of  election   on   bonds    1333 59 

Bonds  for  special  district,  election  of 1272-1274 45,  46 

ELIGIBILITY— 

To   hold   office   or    vote 1153 18 

EMBEZZLEMENT— 

Use  of  school  funds  is,  when 1351 64,     65 

EMINENT  DOMAIN— 

Exercise  of,  for  school  site 1187 26 

EMPLOYMENT  CERTIFICATES— 

Contents  of  certificates   1408 78 

Must  be  kept  on  file  and  accessible 1405 77 

On  what  issued   1407 78 

"Who  may  issue   1406 77 

ENABLING  ACT— 

Provisions  for  education   (Article  8) 9 


ENGLISH  LANGUAGE— 

Must  be  the  medium  of  instruction 1199 28 

Records  must  be  kept   in 1199 28 

ENUMERATION— 

(See  Census) 

EQUALIZATION  OF  INDEBTEDNESS— 

Arbitration     board    constituted 1327 57,  58 

Maximum  tax  levy  for  equalization 1329 58 

For  all  purposes   1331 58 

On  change  of  boundaries    1237 37 

Property  to  be  considered 1327 57,  58 

Tax  levied  to  equalize 1328 58 

Proceeds  of  tax  turned  over  to  district 1330 58 

Special    district    must    equalize    on    change    of   bound- 
ary  1237,    1240 37,  38 

Special  district  by  special  act  must  equalize 1321 56 

EVIDENCE— 

Clerk 's  record  of  transcript  is,  when 1250 40 

EXAMINATION— 

(See  Certificates) 

EXPENDITURES— 

Must  not  exceed  revenues   (Independent  District) ....  1308 54 


INDEX  141 


FEDERAL  LAND  GRANTS—  Section  Page 

Sixteenth  and  thirty-sixth  sections 10 6 

Minimum   price,  $10.00    per  acre 11 6 

Five  per  centum  proceeds  sale  public  lands 13 6 

90,000  acres  to  Agricultural  College    16 6 

500,000  acres  to  other  institutions   17 7 

FEEBLE  MINDED— 

Care  of  feeble  minded   persons 1714 108,  109 

Compulsory   education    of    1 342 62 

Enumeration    of     Ily5 28 

FEES— 

For  teachers '   certificates    1 376 70 

FINES  AND  PENALTIES— 

Compulsory  attendance,  failure  to  comply 1344 63 

Contracts  without  advertising  for  bids 1356 65 

County    superintendent    or    deputy    for    receiving    com- 
mission  1529 106,  107 

Disturbing   school    1 355 65 

Embezzlement   of   funds    1351 64,  65 

Failure  to  comply  with  sanitary  orders 1494 101 

Failure    to   endorse   unpaid  warrants 1353 65 

Failure  to  install  fire  escapes    1203 29 

False   election  returns    1348 64 

Neglect  of   duty    1347 64 

Removing    school    furniture    1183 25 

Speculation   in   office    1 349 64 

Teacher   not   attending    institute    1385 72 

Unlawful  drawing  of  school  money 1350 64 

Unlawful   use   of   school    funds    1351 64,  65 

Violation  of  law  of  depositories 1482,  148.8 99,  100 

Violation  of  sanitary  provisions    1494 101 

Wilful    disturbance   of   school    1355 65 

Without  advertising  for  bids    1 3,56 65 


FIRE  DRILLS— 

(See  under  Drills) 

FIRE  ESCAPES— 

Duty  of  what  officers  to  provide 1202 29 

Penalty  for  neglect  of  duty    1203 29 

Required  on  what  school  houses  1201 29 

fire  guards- 
Sim'  under  ( luards) 

FLAGS— 

To  be  provided  for  schools  1400 75 

When  to  be  displayed    1  100 75 

FRANCHISE— 

Elective    (  Article  V)    8-9 

PR  EE  KINDIOPGARTENS— 

May   be  established,   how    1402 76 

FJKEE  PUBLIC  SCHOOLS— 

What     are     1415 80 


142  INDEX 


FREE  TEXT  BOOKS—  Section  Page 

Contract  for  what  length  of  time   1397 '.  .  .  75 

How  and  when  furnished 1398 75 

May  be  furnished   1397 75 

Price  lists  and  samples  must  be  filed 1397 75 

(See  Provisions  Uniform  Text  Book  Act,  Chapter 
145,  pages  121-124) 

FUNDING  INDEBTEDNESS— 

Certain  cases  legalized    1421 81 

GOVERNOR— 

Appoints   certain   members   of   state   board   of   educa- 
tion      1423-24 82 

Members,  board  of  regents .■ 2 112,  113 

Report  of  board  of  regents  made  to    7 116 

State  superintendent  made  to    1116 11 

GUARDS,  FIRE— 

Duty  of  county  superintendent   3 120 

Duty  of  school  board  to  provide   3 120 

Penalty  for  violation   3 120 

HEALTH  AND  DECENCY— 

Duty  of  school   officers    1403 76 

HIGH  SCHOOL  AID— 

Appropriation  for  aid  to  high  schools 1433 85 

Amount  paid  to  each  school    1433 84,  85 

Application  for  aid  sent  to  board 1433 84 

Appropriation   limited    1433 84,  85 

Department  of  agriculture,  etc.,  maintained 1434 85 

National  and  state  aid   1435 85 

Number  of  such  schools   1433 84,  85 

One  school  in  county  1435 85,  86 

Requirements  for  such  departments   1434 85 

Expenses  of  examinations,   how   paid    1436. 86 

High  school  board   (State  board  of  education) 1427-30 82,  83 

Inspector  of  high  schools  appointed,  how 1429,  1433 83,  84 

Duties   of    1433 84,  85 

Qualifications   of    1433 84 

Report  of,  annual   1438 86 

Salary  and  expenses  of 1433 84 

Schools  classified,  what    1431 83 

Requirements   for    1432 84 

Use  of  aid  from  state  appropriation 1433 84,  85 

HIGH  SCHOOL— 

Board  of  education  to  establish  and  maintain.  .  .  .1251   (3) 40 

District  (See  District  High  School) 

HITCHING  POSTS—' 

School   board   must   provide 1207 29,  30 

HOLIDAYS— 

Certain  holidays  to  be  observed 1382 71 

No  school  to  be  taught  on 1382 71 

What  are  holidays    1382 71 

ILLITERACY— 

Legislature  to  take  steps  to  prevent 151 9 


INDEX  143 


IMPEOVEMENT  OF  SCHOOL  GROUNDS—  Section  Page 

Amount  to  be  expended  annually 1206 29 

Fences  constructed,   when 1205 29 

Tree    planting    1204 29 

INDEBTEDNESS— 

Bonds  to  pay  outstanding,  may  be  issued 1332 58,  59 

Equalization    of     1327 57,  58 

By  board  of  education   1237,  1260 37,  43 

Indebtedness  declared  legal    1421 81 

Bonds  may  be  issued,  when    1421 81 

Pending  action  not  affected   1422 82 

INDEPENDENT  SCHOOL  DISTRICT— 

Authority  to   issue  bonds •  1303 52 

Board  of  education  constituted    1290-1293 49,  50 

Corporate   powers    1293 50 

Election    of    1290 49 

Conduct  of  election    1291 49 

Date  of  election    1291 49 

General  powers  of  board   1297 50,  51 

May  admit  non-resident  pupils    1300 52 

May  sue  and  be  sued   1293 50 

Meetings  of  the  board   1295 50 

Organization  of  board   1293 50 

Powers  of  the  board   1298 51 

Responsibility  of  the  board   1294 50 

Secretary   of   the  baord    1296 50 

Vacancies,  how  filled    1292 49,  50 

Visiting    schools    1299 52 

Bond   of  treasurer    1305 53 

Bonds,  may  issue    1303 52 

May  redeem,  when  and  how  (Chapter  270) Ill 

Boundaries  of  the  district    1289 49 

City  council  to  pass  certain  ordinances   1314 55 

Debts  of  old  district  assumed   1312 55 

Drinking  cups,  public  use  of,  prohibited 2953 110,  111 

Election  to  create  independent  district 1286 48 

Ballots,  form  of    1288 48,  49 

Canvass   of   votes    1288 48,  49 

Notice   of   election    1287 48 

Election  of  members  of  the  board   1290 49 

Expenditures  not  to  exceed  revenues 1308 54 

Flags  to  be  provided  and  displayed   1400 75,  76 

Free  text  books,  may  furnish,  when  and  how 1397-8 75 

Funds,  how  kept  and  paid  out   1306.  . 53 

Health  and  decency,  duty  as  to 1403 76 

How   organized    1286 48 

Independent  by  special  act  abolished,  how 1319 56 

Investment   of   sinking   fund,   how 1307 53,  54 

Kindergarten,   may   establish 1402 76 

Name  of  independent  district    1289 49 

Penalties  credited  to  board  of  education 1314 55 

Property,  title  to    1309 54 

Real  property,   title  conveyed,   how 1310 54 

Refusal  of  member  elect  to  serve,  forfeit 1313 55 

Rental  public  building,  paid  when   (Chapter  165)  ....          Ill,  112 

Report  of  treasurer,  what  to  contain 1311 54,  55 

Superintendent   and    teachers,    etc.,    to    attend    Educa- 
tional   Association     1401 76 


144  INDEX 


l 


INDEPENDENT  SCHOOL  DISTRICT    (Continued)-      Section  Page 

Taxes,  levied  and  collected   1301 52 

Tax   limit    1302 52 

Text  books,  free,  may  furnish   1397-8 75 

Treasurer,  who  is    1304 53 

Vacancy  in  the  board,  how  filled   1292 49,  50 

Visit  schools,  members  must    1299 52 

INDEPENDENT  SCHOOL  ORGANIZATION— 

Formed  by  special  act  may  be  abolished,  how 1319 56 

INSPECTION— 

Of  school  buildings,  board  of,  constituted,  how 1186 25,  26 

INSPECTOR— 

Of  high  schools,  how  appointed 1429,  1433 83,  84 

Of  rural  and  graded  schools,  how  appointed.  .  .  .1429,  1444 83,  88 

INSTITUTES  AND  ASSOCIATIONS— 

Appropriation  for  state  institute  fund 1392 73,  74 

How    used     1392 73,  74 

Conductors  and  assistants,  appointed  by  whom 1392 73,  74 

County  institute  fund,  how  created 1391,  1394 73,  74 

County  superintendent,  statement  of  institute  expenses.  1391 73 

Annual  statement  of  institute  fund 1391 73 

Expenses  of  conductors,  etc.,  how  paid 1395 74 

Lecturers  and  instructors,  how  appointed 1392 73,  74 

Statement  of  number  of  schools,  filed  by  whom 1394 74 

State  superintendent  appoints  officers  of  institutes.  .  .  .1392 73,  74 

INSTITUTE  FUND— 

Appropriation  from  the   state 1392 73 

Certificate  fees  in  county  fund 1391 73 

From  county   general  revenue   fund    1394 74 

How  fund  is  used    1393-5 .' 74 

INSTITUTE  FOR  FEEBLE  MINDED— 

Certain  persons  committed    1714 109 

Who  may  receive  benefits   1714 108,  109 

INSTITUTIONS,  STATE  EDUCATIONAL—  ' 

Maintenance    of     1416 80 

Moneys  from  land  endowment,  paid  over,  when 1420 81 

Moneys,  how  appropriated 1419 80,  81 

Part  of  free  public  school  system    1415 80 

Taxes,  how  apportioned    1418 80 

INTEREST— 

Unpaid  warrants  draw  interest   1169 21,  22 

KINDERGARTEN  S— 

May  be  established,  how  and  when   1402 76 

Supported,  how    1402 76 

Teachers  must  hold  certificate   1402 76 

LIBRARY— 

Care  of  library  and  report   1177 23 

List  of  books  furnished  by  state  superintendent 1108 10 

School  board  shall  appropriate  money  for  library.  .  .  .1176 23 

LIBRARY  COMMISSION— 

State     1531 107 


INDEX  145 


LIGNITE  COAL   (Use  of,  Laws  19]  5)  Section  Page 

In  county  buildings    1828 1 09,   1 10 

In   public   schools    1828 109,  110 

In  state  institutions    1828 109,   110 

Penalty     1828 110 

Standards    fixed     1828 109,   110 

Use,  when   excepted    1828 109,  110 

MAINTENANCE— 

Of  higher  educational  institutions   .  . 1416-20 80,     81 

maintain  school- 
How  long  to  be  in  session 1189 26 

How  long  for  aid  as  graded  school 1441 87 

For  aid  as  rural  school   1442 87,  88 

MEDICAL  INSPECTION— 

County  and  city  superintendent  co-operate 1346 04 

Exceptions,    when 1346 64 

Indigent  children  to  receive  treatment    1346 64 

Notice  of  defects  sent  parents    1346 64 

Provided  for  in  schools 1346 04 

Rural  schools  grouped  for  inspection 1346 64 

School  boards  may  employ  medical  inspectors 1346 64 

Shall  employ  when  petitioned    1346 64 

MISDEMEANOR— 

Failure  to  endorse  unpaid  warrant    1353 65 

For  county  officer  to  receive  commission 1529 106,  107 

Letting   contract   without   bids    1356 65 

Unlawful  drawing  of  school  money 1350 64 

Speculation  in  office   1349 64 

Violation  of  depository  law   1482,  1488 99,  100 

MODEL  SCHOOL— 

Students  shall  pay  tuition    (Chapter  142)    118,   119 

MONEY— 

How   apportioned     1418 80 

Tax  in  lieu  of  one  mill 1416 80 

When  paid  to  institution  treasurer   1420 81 

MORALS— 

Instruction   in   morals  must  be  given 1389 73 

MORTGAGES—   ' 

Investment  in  by  special  district 1277(4) 47 

Satisfaction   of  by  special  district 1278 47 

NARCOTICS— 

Nature  and  effects  must  be  taught 75,  1383 5,  71       72 

NONPARTISAN    ELECTIONS,    COUNTY    AND    STATE    SUPERINTKN 
DENTS— 

Ballot  at  general  election  909 108 

No    party   affiliation    907 107 

No   party  ballot    907 107 

Separate   ballots  school  nomination .' 90S in?.  L08 

Two  candidates,   nominated,    how 90S ins 

NON-R LSI  | ) ENT  PU 1  '1LS— 

School  board  must   admit  to  schools    1  179 24 

Special  district  may   admit    1251    ( 14) II 


146  INDEX 


NOEMAL  SCHOOLS—  Section  Page 

Diplomas    accredited    1365-6 67,     68 

Tuition  charged  in  model  school   (Chapter  142) 118,  119 

NOETH  DAKOTA  EDUCATIONAL  ASSOCIATION— 

Board  may  allow  teachers  to  attend 1401 76 

Proceedings  to  be  published  1119 11,  12 

Teacher  may  attend  meeting  without  loss  of  pay 1401 76 

NUMBEE  OF  SCHOOLS— 

Statement  by  county  superintendent 1394 74 

OATH  OF  OFFICE— 

Member  of  board  of  education    1270 45 

State  board  of  regents   4 113 

Of   election    officers    1156 19 

Of   school   director    1159 19 

OFFICEBS— 

Annual  meeting  of   school   officers 1126 13 

Of  common  school  district   1151,  1161 17,  18,     20 

Terms  of   (See  Terms  of  Office) 

OFFICIAL    BONDS— 

(See  Bonds,  Official) 

ONE  MILL  TAX— 
( Bepealed ) 
Fixed  amount  levied  in  lieu  of  1416-18 80 

PENALTIES— 

(See  Fines  and  Penalties) 

PENSIONS,    TEACHEES'— 

(See  Teachers'  Insurance  and  Eetirement  Fund) 

PEEMITS— 

Fees  to  be   deposited   when   issued 1376 70 

Granted  to  whom  and  when 1367 68 

PETITIONS— 

For   bonding  common  school  district 1333 59 

For   establishing   county   agricultural   school 1455 91 

For   formation   of   special   district 1231 36 

PHYSICAL  EDUCATION— 

Instruction   in,   required    1390 73 

PHYSIOLOGY  AND  HYGIENE— 

Instruction  to  be  given  in 1383 71,     72 

POLL  TAX— 

County  auditor  to  levy    1224 35 

PEESIDENT  OF  SCHOOL  BOAED— 

(See  Common  School  District  Board) 

PEOPEETY— 

Hidependent  district  may  take  as  gift 1309 54 

PEOPOSALS— 

For  building  school  house  on  bids 1340 61,     62 

PEOSECUTIONS— 

(See  Actions) 


INDEX  147 


PUBLIC  MORALS—  Section  Page 

To  be  taught  by   teacher 1389 73 

PUPILS— 

Board  may  expel  for  cause   ., 1180 24 

Graded,  by  whom   1387 72,  73 

In  high  schools  must  select  course 1452 91 

Must   review   certain   subjects 1453 91 

Teacher  may   suspend    1386 72 

QUALIFICATIONS— 

County  superintendent  and  deputies 1122,  1136 12,  14 

High   school  inspector    1433 84 

Members  board  of  regents   2 112,  113 

Rural   school    inspector    1444 88 

State   superintendent    1105 10 

Teachers  for  aided  schools   1441-2 87,  88 

Teachers    for    certificates 1360-3,    1372 66,  67,  69 

REAL  ESTATE— 

Common  school  districts,   sites,   how  obtained 1187 26 

Independent  district,  how  conveyed 1310 54 

Special   district,   how   conveyed 1242 38,  39 

READING  CIRCLE— 

Board  constituted   (State  Board  of  Education)    1423 82 

Credit   for  work   of 1396 74 

Maintenance    of     1377 70 

REGENTS— 

(See  State  Board  of  Regents) 

REPEAL— 

Of  one  mill   tax    1419 SI 

REPORTS— 

Board  of  education  of  special  district 1251   (13) 41 

Board  of   regents    7 116 

Census,   reported   to  whom   and  when 1195 28 

City    treasurer 's    report     1311 54,  55 

Clerk   of   school   district    1197 28 

County    superintendent    1135 14 

Defectives,  reported  to  whom 1196 28 

Superintendent    of   public    instruction 1116 11 

Teacher's  report  at  close  of  school 1381 71 

Treasurer  of  common  school  district   1218 32,  33 

(See    Treasurer    under    Independent    and    Special 
Districts) 

Trustees,  teachers'  insurance  fund  1502 102,  103 

RURAL  SCHOOL  AID— 

Advancement  of  schools  from  class  to  class 1448 90 

Aid  obtained,  by  what  schools    1 44n 86,  87 

Aid   to   consolidated    schools    1446 89 

Amount  of  apportionment  to  schools   1445 89 

Amount  of  appropriation  for  each  class  of  schools.  .  .  1450 90 

Application  for  aid  made  to  whom 1443 88 

Apportionment   to   each   school    1445 89 

Classes  of   consolidated   schools,   two 1 446 89 

Graded    schools,    two    1441 87 

Rural  schools,   two    1442 87,  88 


148  INDEX 


RURAL  SCHOOL  AID   (Continued)—  Section  Page 

Conditions  required  for  graded  schools 1441 87 

For   rural    schools    1442 87,  88 

Consolidated  schools  may  obtain  aid 1446 89 

What  are  consolidated   schools    1446 89 

County    aid,    how    obtained 1 124 

Inspection   by    superintendent   of    public    instruction.  .1444 88,  89 

Inspector  of  rural  and  graded  schools 1444 88,  89 

Purpose  of  state  aid    1439 86 

Records  kept  by  state  superintendent    1447 89,  90 

Report  on  aided  schools  by  state  superintendent 1449 90 

Schools  entitled  to  aid,  what  are   1440 86,  87 

SALARY— 

County    superintendent     1137 14 

Not  to  be  increased  1915-16  or  prior  to  July  1,  1917, 

(Chapter    254)     119 

Deputies  county   superintendent    1136 


14 


SALARY  (Continued)  — 

Rural  and  graded  school  inspector   1444 88,  89 

High   school   inspector    1433 84 

Secretary  board  of  regents   2 113 

State  board  of  education    1426 82 

State   commissioner   of  education    7 114,  115 

State   superintendent    1120 12 

Teacher's  salary  to  be  graded  by  board 1178 25 

SCHOOL  BOARD— 

(See    Common    School    District    Board) 

SCHOOL  BONDS— 

(See  Bonds  of  Common   School  District) 

SCHOOL  DISTRICT— 

(See  Common  School  District) 

SCHOOL  FUNDS— 

Accounts,  how  kept    1218 32 

Annual    settlement    1218 32,  33 

Comity  treasurer  keeps  accounts  with  districts 1220 33,  34 

Collects   school   taxes    1221 34 

County  tuition   fund,   apportioned   how 1225 35 

Levied,   how    1224 35 

Withheld,   when    1214,    1216 31,  32 

Deposit  in  depository  releases  treasurer 1486 99 

District  funds   controlled  by  treasurer 1213 31 

Embezzlement  of  funds,  what  is 1351 64,  65 

Funds    defined     1212 30,  31 

Kept    separate     1211 30 

How  paid  out    1168 21 

Institute  fund,  how  created    1391 73 

Appropriation    by    state    for    1392 73 

Paid   out,   how,   and   for  what 1393 74 

Investment    (See  Investment  Sinking  Fund  under  dif- 
ferent districts) 

Must  be  deposited,  when    1487 100 

(See  Depositories) 

Publication   treasurer's    report    1218 32,  33 


INDKX  14!) 


SCHOOL  FUNDS    (Continued)—  Section  Page 

State  tuition   fund,   apportionment    1208 30 

Apportioned  by  county  superintendent 1217 32 

County   treasurer    reports    1209 30 

Defined     1212 30,  31 

Excess,   how   used    1212 31 

Funds  kept   separate    1211 30 

How    raised    1208 30 

How   used    1212 31 

New  districts  entitled  to    1215 31 

Paid  out  by  district  treasurer   1213 31 

Reverts  to  original  fund,  when 1216 31,  32 

State   auditor,   duty   of 1210 30 

Warrants  drawn  on  state  treasurer    1210 30 

Unlawful  drawing  of  funds,   penalty  for 1350 64 

When   county   treasurer   pays   district  treasurer 1219 33 

Withheld  when  enumeration  not  taken   1214 31 

By  county  superintendent,  when    1214 31 

For  failure  to  maintain  school 1216 31,  32 

SCHOOL  HOUSES  AND  SITES— 

Approval   of  plans  by  whom 1489 100 

Board   of  inspection,   inspects  school  house,  when....  1186 25 

Bonds  for  building  school  house 1332 58,  59 

Building  plans  inspected  by  whom 1489 100 

Construction  of  school  houses    1490 100 

Ceilings     1490 100 

.   Cleanliness     1490 101 

Heating     1490 100 

Light     1490 100 

Ventilation     1490  100 

Contracts,  how  let    1  .".40 61,  62 

Election  to  be  called,  when 11 85 25 

Exits,  kind  of   1490 100 

Grievances  to  be  adjusted    1492 101 

House  to  be  kept  clean   1490 101 

How    determined    1184 25 

May  be  used  for  other  purposes   1183 24,  25 

Method  of  inspection  of  buildings   1492 101 

Penalty  for  violation    1494 101 

Plans,   consult   with    whom 1489 100 

Approved   by  whom    1489 100 

Furnished  by  state  superintendent 1185 25 

Must  show  what    1490 100 

Prepared  how  and  by  whom 11 85 25 

Proposals   for  building   school   houses    1340 61,  62 

Specifications  for,  must  guarantee 1494 101 

Toilet   rooms,    how   constructed    1 49 1 1 01 

Two-thirds  vote  necessary  to  remove  school  house.  .  .  .1185 25 

Ventilating   lines  and   construction    demanded 14ft:i 101 

SCHOOL  LANDS— 

Reserved    by    national    government 88 5 

SCHOOL  LAWS— 

To  be  printed  by  state  superintendent Ills 11 

SCHOOL  MONTH— 

Defined     1 382 71 


150  INDEX 


SCHOOL  OFFICERS—  Section  Page 

May  be  removed  by  court  1326 57 

(See  under  Different   Districts) 

SCHOOL  SITES— 

Bonds  for  purchase  of    1332 58,  59 

How  obtained   1187,  1461 26,  94 

Selected   by   election    1185 25 

New  school  for  remote  pupils   1188 L'6 

Reversion  to  original  owner,  when 1187 26 

SCHOOL  TAXES— 
(See  Taxes) 

SCHOOL  TERM— 

Increase   on   petition    1191 27 

Length,   and  how  fixed    1189 26 

Minimum  length  of  term    1189 26 

To  share  in  funds 1216 31,  32 

Special  districts,  length  of  term    1251   (1) 40 

When   term    discontinued 1189 26 

SCHOOL   TREASURER— 

Accounts,  how  kept    1218 32 

Settlement,   when 1218 32 

Action   on  bond    1171 22 

Additional  bond,  when  required    1166 21 

Bond  of   treasurer    1165 20,  21 

Premium    on     1167 21 

Bonds  of  district  negotiated,  how  1337 61 

County  treasurer  to  pay  funds,  to  whom 1219 33 

Deposit  in  depository  releases  from  liability 1486 99 

Embezzlement  of  funds,  what  is 1351 54,  65 

Endorsement  of  unpaid  warrants   1169 21,  22 

False  reports,  penalty  for    1354 65 

Funds,  how  paid  out   1168 21 

Liability   ceases   with    deposit 1486 99 

Notice  to  drawee  of  unpaid  warrants  1169 22 

Records  open  to  the  public  1213 33 

Reports,  form  of,  triplicate   1218 32 

False  reports,   penalty  for    1354 b5 

Salary  of  treasurer    1172 22 

Surety    bond    1167 21 

Unlawful  drawing  of  money,  penalty  for   1350 64 

Warrants  unpaid  to  be  endorsed    1169 21,  22 

Penalty  for  failure  to  endorse 1353 65 

Notice  to  drawee  when  funds  to  pay 1169 22 

When  county  treasurer  pays  funds  to 1219 33 


SCHOOL   WEEK— 

Denned     1382 71 

SCHOOL  YEAR— 

Defined     1382 71 

SCHOOLS— 

Shall  be  free   and  accessible 1343 63 

SCHOOLS,   PUBLIC— 

Bible,  not  to  be  excluded  from   1388 73 

Close  for   teachers'  institute 1385 72 

Course  of  study    1383 71,  72 


INDEX  151 


SCHOOLS,    PUBLIC    (Continued)—  Section  Page 

Free   public    schools,   what    are 1415 80 

Must  be  free  and   accessible 1343 63 

Must  be  maintained,  how  long 1189,  1193 26,  27 

To  share  in  funds   1216,  1217 31,  32 

Wilful   disturbance  of,  penalty   for 1355 65 

SEAL— 

Board  of  education,  independent  district.  . 1293 50 

County  superintendent  shall  have    1128 13 

Superintendent  of  public  instruction  to  use 1115 11 

SECRETARY— 

Board   of   education,    duties   of 1296 50 

State  board  of  education,  who  is 1426 82 

Board  of  regents    2 113 

Teachers'  insurance   fund    1498,   1500 102 

Trustees   of   agricultural   school    1458 92 

SINKING  FUND— 

Created,  must  be  in  bonded   district 1336 60 

In  special  district,  created  how,  and  when 1276 46 

Investment  of  sinking  fund   1277 46,  47 

(See  also  under  Different  Districts) 

SITES— 

(See  School  Sites) 

SPECIAL  DISTRICTS— 

Adjacent  territory  may  be  attached,   how 1240 38 

Becomes  part  of  general  district,  when 1240 38 

Board  assumes  control,  when    1260 43 

Board  of  education  and  quorum   1245 39 

Clerk,   duties  of    1250 40 

Compensation  of  members    1246 39 

Duties  of  board    1251 40,  41 

Election  of  board  members,  when 1262 43 

Ballot,    official     1265 44 

Candidate,  how  to  become 1265 44 

Canvass   of   returns    1268 44 

Certificate   of   election    1269 44,  45 

Notice   of   election    1263 43,  44 

Form  of  notice    1264 44 

Officers  of  election    1267 44 

Precincts  for   election    1267 44 

Provisions   to   govern   election 1 266 44 

Flags,    shall    purchase    1400 75,  76 

Free   text   books,   may   provide 1 397 75 

When  and  how  to  provide  free  texts 1398 75 

Health  and  decency,  duty  of  board 1403 76 

Kindergarten  may  be  established,  how 1402 76 

Lease  buildings,   power  to    (Chapter  138) 1 117 

Advertise  for  bids    3 117 

Election,    when     6 118 

Legal  construction  of  payment  of  rental.  ...        5 118 

Plans  and   specifications    2 117 

Tax  levy  to  cover  rental   4 118 

Meetings  of  the  board    1247 39,     40 

Members  must  not  be  interested  in  contracts  .  .  .  .1246 39 

Oath    of    office     1270 45 

Organization  of  the  board,  when    1248 40 


L52  INDEX 


SPECIAL  DISTEICTS  (Continued)—  Section  Page 

Powers  of  the  board   1251 40,  41 

President,  duties  of   1249 '50 

Teachers  may  attend  Educational  Association.  .  .1401 76 

Terms  of  office    1245 39 

Vacancies  on  the  board,  how  filled    1271 45 

Bonded  debt  of  old  district,  how  paid 1239 37,  38 

Tax   levy   for   payment    1238 37 

Bonds  of  special  district,  how  and  when  issued 1272 45 

Denomination  of  bonds    1273 45 

Election   for   issuing   bonds,    procedure 1274 45 

Interest    coupons     1279 47 

Issue  of  bonds,  how  governed    1284 48 

Levy  for  payment   of  bonds    1276 46 

Limit,    debt    1275 46 

May  be  exchanged   1283 48 

Must  specify  what    1275 46 

Eate  of  interest    1275 46 

Time    of    payment    1275 .  .' 46 

Eedeemed,  how  and  when   (Chapter  270) Ill 

Eefunding  bonds  issued,  when    1282 '   48 

Eegister  of  bonds  by  clerk 1281 47 

Security   for    bonds    1280 47 

Surplus   funds  may  be  transferred    1285 48 

Cities  governed  by  provisions  of  Article  9 1229 36 

Creation  of  a  special  district 1229-30 36 

Conveyance  of  property,  how  executed   1242 38,  39 

Constituted,    when 1235 37 

Contracts,  members  not  interested    1246 39 

Corporation,   name   of 1241 38 

Debt  limit  of  the  district 1275 46 

Detachment    of    territory    1240 38 

Division   of   property    1237 37 

Drinking  cups,  public  use  of,  prohibited 2953 110,  111 

Election   of   officers,   first    1236 37 

To   form    district    1231 36 

Ballots,  form  of    1233 37 

Conduct    of    election     1232' 36,  37 

Notice  must  be  given   1232 36,  37 

Eesults   announced    1234 37 

Establish    kindergartens,   when    and   how 14021 76 

Expenditures   on   written    contract 1259 43 

Excess  of  $500.00  must  be  on  bids 1259 43 

First  election  of  officers    1236 37 

Flags    to    provide     1400 75.  76 

Free   text   books,   when   and   how 1398 75 

How   organized    1243 38 

Election   of  first  board    1244 38 

Investment    of    sinking    fund 1277 46  47 

May  become  part   of  general   district 1261 43 

Mortgage   security   satisfied    1278 4  7 

Name    of    corporation 1241 38 

Petition  for  organizing  special  district 1231 36 

Portion  of  district  may  become  special  district 1230 36 

Eental  public  buildings  paid,  when    (Chapter  165)  .  .           Ill,  112 

Supervision  of  school,  by  whom    1252 41 

When  under  county   superintendent    1252 41 

Territory  outside  may   be   included 1230 36 

Tax,  'annual  levy,  when  made 1258 42 


INDEX  15! 


SPECIAL  DISTRICTS  (Continual )  Section  Page 

Taxable    property    1257 42 

Treasurer,    who    is    1254 41,  42 

Bond   of  treasurer    1256 42 

Custodian   of   funds    1253 41 

Duties   of   treasurer    1 255 42 

Vacancy  in  board  of  education,  how  filled 1271 45 

What  cities  may  become  special  districts 1229 36 

SPECULATION— 

Forbidden     1349 64 

Receiving  commission  forbidden    1529 106 

STABLES— 

In   rural   districts,   provided,   when 1 207 29 

STATE  AUDITOR— 

Institute   fund,   warrants,    on 1393 74 

Tuition  fund,   duties  as  to 1210 30 

STATE  BOARD  OF  EDUCATION— 

Appointment  of  certain  members  by  governor 1424 82 

Compensation,  what  members  to  receive 1425 82 

Ex  officio  members,  who  are 1423 82 

Expenses    paid     1425 82 

Membership   of    1423 82 

Meetings,  how  many,  when   1426 82 

Organization    of   board    1426 82 

Powers  and  duties    1427 82,  83 

Classification      rural,      graded      and      consolidated 

schools     1427 82,  83 

Inspection    of   state   educational    institutions 1428 83 

Those  formerly  exercised  by : 

State  agricultural  and  training  school  board.  1427 82,  83 

State  board  of  examiners   1427 82,  83 

State  high   school   board 142? 82, .    83 

State  reading  circle  board    1396 74 

Visitation  of  state  educational   institutions 1428 83 

Proposals  for  legislation  to  be  submitted 1742.  . .- 109 

By  whom  and  when    1742 109 

Publication    of   same    1742 109 

Terms  of  members    1 424 82 

STATE  BOARD  OF  EXAMINERS— 

(See   State   Board  of   Education) 

STATE  BOARD  OF  REGENTS— 
(Chapter  237,  Laws  1915) 

Accounting,  uniform  system  of   7 116 

Appointed,    how     2 112,  113 

Appropriation,    annual,    $18,000.00 10 1 16 

Biennial   report,    when    made 7 116 

Board  ereatei  I    1 112 

Compensation     5 114 

How    appointed     2 112,  113 

Qualifications    2 112,  113 

Restrictions   as   to   membership 2 112,  113 

Term  of  office   3 112,  113 

Bond    given     4 113 

Budget  to  be  submitted  by  board    7 115 

Kadi    [(resident   to   submit    7 1 15.  116 


154  INDEX 


STATE  BOAED  OF  REGENTS    (Continued)—                Section  Page 

Commissioner  of  education,  state,  appointed 7 114 

Qualifications     7 114 

Compensation,  commissioner  of  education   7 114 

Members     5 114 

Secretary     2 113 

Duties  of  board    7 114 

Act  in  consultation  with  presidents   7 115 

Appointment  of,   commissioner  of  education .7 114 

Director  of  library  commission 1531 107 

Presidents  and  faculties    7 115 

Cause  educational  survey  to  be  made 7 114 

General  control  of  state  educational  institutions.  .        7 114,  116 

Those  formerly  exercised  by: 

Boards  of  trustees   7 114 

Library   commission    1531 107 

Normal   board    of  control 7 114 

Educational    survey     7 114 

Expense,    commissioner    7 114,  115 

Members     5 114 

Governor   appoints    2 112,  113 

Help,    office    6 114 

How  appointed,  members    2 112,  113 

Institutions  under  its  control    1 112 

Members,    appointment    2 112,  113 

Compensation     5 114 

How  many    1-2 112,  113 

Limitations  upon  membership   . 2* 112,  113 

Qualifications     2 112,  113 

Kemoval   of    3 113 

Take  oath  of  office    4 114 

Term  of  office  2 112,  113 

Meeting,    first    2 113 

Annual     8 116 

Quarterly     8 116 

Special     8                       116 

Oath  of  members   4 113 

Office,    where    6 114 

Powers  of  board  7 114,  116 

Those   formerly    exercised   by    Normal   Board    of 
Control   and   trustees   of   other   state   educational 

institutions     7 114,  116 

To  appoint  commissioner  of  education 7 114,  116 

To  elect  presidents  and  faculties 7 114,  116 

To  install  uniform  system  of  accounting ? 114,  116 

To  make  biennial  report 7 114,  116 

To  make  educational  survey 7 144,  116 

To  make  rules  for   conduct  of  institutions 7 114,  116 

To  prepare  budget   7 114,  116 

Qualifications   of  members    2 112,  113 

Quorum     8 116 

Kemoval  of  members,  how  3 113 

Repeal     11 116 

Report,  biennial,  made  to  governor '. 7 116 

Salary  of  commissioner   7 114 

Secretary     2 113 

Secretary  to  be  chosen 2 113 

Statement  of  expenses  itemized    9 116 

Supplies,    office    6. 114 


INDEX  155 


STATE  BOARD  OF  REGENTS   (Continued)-  Section  Page 

Survey,  educational,  to  be  made   7 114 

System,  uniform  for  accounting    7 116 

Term  of  office   2 112,  113 

Vacancy,   how  filled    3 113 

What  institutions  under   its  control    1 112 

STATE  HIGH  SCHOOL  BOARD— 

(See  State  Board  of  Education) 

STATE  PROFESSIONAL  CERTIFICATE— 

Issued  for  life 1363 67 

For  five  years    1362 66,  67 

STATE  TREASURER— 

Institute  funds  paid  on  his  warrants 1393 74 

STATE  TUITION  FUNDS— 
(See   School  Funds) 

STATE'S   ATTORNEY— 

Prosecutes  violation  of  compulsory  law 1345 63 

STATEMENT— 

Of  number  of  schools  for  institute  fund 1394 74 

STIMULANTS— 

(See  Narcotics) 

STUDIES— 

Additional  studies  determined  by   school  board 1181 24 

Assigned  by  teacher    1387' 72,  73 

Certain  to  be  reviewed  in  senior  year 1453 91 

Required  for   certificates    1360-1364 66,  67 

Selection  of  course  of   1452 91 

To  be  taught  in  common  schools   1383 71,  72 

Writing  to  be  taught  1451 91 

SUPERINTENDENT  OF  CITY  SCHOOLS— 

Board  may  appoint   1251    (9 J 41 

May  issue  employment  certificates   1400 77 

Must  have  certain  studies  reviewed 1453 91 

Not  controlled  by  county  superintendent 1123 12 

Shall  report  recommendations  to  board 1378 71 

Supervision  of  the  schools  of  the  city 1252 41 

SUPERINTENDENT  OF  PUBLIC  INSTRUCTION— 

Advises  boards  of  education   1110 10 

Appeals  from  county  superintendent,   decides 1110 1(1 

Appeals,   shall   file  records    1114 11 

Appoints   institute   conductors,    instructors,   etc 1392 73,  74 

Approves  account  institute  conductor's  expenses 1393 74 

Approves  plans  for  school  houses 1489 100 

Assistants  in  office,  may  appoint  1120 1 1' 

Attends  teachers'  institutes   1113 11 

Biennial  report,  shall  make   1116 11 

Shall  print  and  distribute   1117 11 

What  to  show   1116 11 

Books  and  documents,  shall  preserve  1106 10 

County  superintendents,  meetings,  to  call 1111 10 

Shall  advise    1110 10 

Course  of  study,  shall   prescribe 1109.  ." 10 


156  INDEX 


Section  Page 

SUPERINTENDENT  PUBLIC  INSTRUCTION  (Continued)  — 

Educational    association,    publish    proceedings 1119 11,  12 

Election  of   1105 10 

Ballot  at  general  election    909 108 

No  party  affiliation    907 107 

No   party   ballot    907 107 

Separate  ballot,  school  nominations 908 107,  108 

Two  candidates  nominated,  how    908 108 

General  duties    1113 11 

General  supervision  of  public  schools  1107 10 

Inspection  of  county  agricultural  schools,  duty 1460 93,  94 

Of  rural  and  graded  schools 1444 88,  89 

Institutes,   appoints   conductors,   etc 1392 73,  74 

Assists   at   institutes    1113 11 

Course  of  instruction  for,  prescribes 1112 11 

Rules  for  institutes  and  training  schools 1112 11 

List  of  publications,  to  furnish   1108 10 

Member  of  certain  boards    1107 10 

Qualifications  of    1105 10 

Rules  for  teachers'  institutes,  shall  prescribe 1112 11 

Record  of  official  acts,  shall  keep 1114 11 

Reports  on  rural  and  graded  schools  aided 1449 90 

Salary  of  state  superintendent  1120 12 

Sample  copy  of  text  books  sent  to 1397 75 

School  laws  printed  and  distributed,  when 1118 11 

Seal,  shall  have  1115 11 

Shall  preserve  documents    1106 10 

State  Board  of  Education,  president  ex  officio 1426 82 

Supplies  and  blanks,  shall  furnish  1108 10 

Term  of  office   1105 10 

Text  books,   approved  and  lists  furnished 1397 75 

Traveling    expenses     1120 12 

Vacancy,  how  filled    1322 57 

SUPPLIES— 

Blanks,  etc.,  furnished  by  state  superintendent 1108 10 

SUSPENSION  OF  PUPILS— 

By  school  board    1180 24 

Teacher   may    suspend 1386 72 

TAXES— 

Amount,    levied    for    state    institutions 1416 80 

Of  increase  for  1915-16  limited   (Chapter  254) 119 

Annual   school   tax    1222 34 

Collections   certified   to    county   superintendent 1225 35 

County  agricultural   schools,  tax   for.  .* 1456 92 

State  levy  for   support    1470 96 

Delinquent   taxes  apportioned    1226 35 

Equalization  of  debts,  maximum  levy 1329 58 

How  and  when  collected   1221 34 

In  districts  having  no  school  boards 1228 35,  36 

Levy,  how  made,  and  when 1182,   1222 24,  34 

Not  to  be  increased  1915  more  than  5%   (Chapter 

254)    119 

Not  to  be  increased  1916  more  than  10%  (Chapter 

254)    ' 119 

Of  county  tuition  tax    1224 35 

To    pay    judgment    1223 34,  35 


INDEX  157 


TAXES  (Continued)—  Section  Page 

Maximum  levy  for  final  judgment  1227 35 

Tax   to   equalize   indebtedness    1329 58 

Uniform,   taxes  must  be 1227 35 

TEACHERS— 

Relatives  of  board  eligible,  when   117.'! 22 

In  certain   cities    1318 56 

(See   Duties   of   Teachers) 

TEACHERS'    COLLEGE— 

Diplomas  of,   accredited    1 365 67 

TEACHERS'    INSTITUTE— 

(See  Institutes  and  Associations) 

Appointment  of  conductors,  assistants  and  lecturers.  .1392 73,  74 

Rules  for,  by  state  superintendent 1112 11 

State  superintendent  to  attend    1113 11 

TEACHERS'  INSURANCE  AND  RETIREMENT  FUND— 

Annual   meeting  of   members,  when 1496 102 

Annuity,  amount  of   1521 105,  106 

Diminished,  when    1522 106 

Not  subject  to  legal  process   1527 106 

Paid   from   interest   and   principal 1525. 106 

Paid    quarterly    1524 106 

To  cease,  when    1526 106 

Application,  made  to  whom 1520 105 

Assessments,   amount   of    1504 103 

Back  assessments  paid   1517 105 

Mandatory  on  new  teachers  after  January  1,  1914.1505 103 

Optional  on  teachers  now  in  state  up  to  January 

1,    1917    1506 103 

Retention    of    1503 103 

Board  of  trustees,  members  of   1495 101,  102 

Compensation  of  board,  of  secretary 1500 102 

Expenses   of,   paid    1500 102 

Meetings  of    1499 102 

Organization    of    1498 102 

Elect   president   and   secretary 1498 102 

State  treasurer,  ex  officio  treasurer 1498 K>2 

Regulations    of    1499 102 

Report  of,  annual   1502 102 

Vacancies    in    1497 102 

County    tuition    fund,    drawn   on 1515 104,  105 

Fund  'created    1495 101 

From    assessment     1504 103 

From    county    tuition    fund 1515 104,  105 

Name  of   1516 104 

Funds  invested    1501 102 

Penalty  for  failure  to  report  and   transmit 1514 1"! 

Transmitted  to  state  treasurer    1513 104 

Members   meet   annually    1 496 1 02 

Who  eligible  to  be   1528 106 

Withdrawal    of     1523 106 

Money   transmitted    to   county   treasurer 1508 103,  104 

Report,  annual,  of  board  of  trustees 1502 102 

Reports,  county  superintendents,  shall  make  annual.. 1511 104 

All  to  be  preserved   1512 104 

Retirement   of   teachers,   provisions   for    1518 105 


158  .  INDEX 


Section  Page 

TEACHERS '  INSURANCE  AND  RETIREMENT  FUND  (Continued)— 

School  year,  legal,  denned 1519 105 

Statements  to  be  sent  in  all  cases 1510 104 

Statements  to  be   sent   to   county   superintendent   and 

countv    auditor    1509 104 

Teacher    defined     1528 106 

To   give   notice    1507 103 

Transmission  of  money  to  county  treasurer 1508 103,  104 

Vacancies,  members  of  board  of  trustees 1497 102 

Withdrawals  from  membership,  when  and  how 1523 106 

Who  eligible  to  membership   1528 106 

TEACHERS'  PENSION  FUND— 

(See  Teachers'  Insurance  and  Retirement  Fund) 

TEACHERS'  READING  CIRCLE— 

(See  Reading  Circle) 

TEACHERS'  TRAINING  SCHOOL— 

County  funds  appropriated,  how   1394 74 

Counties  may  unite  for   1393 74 

Rules  for,  by  state  superintendent 1112 11 

Teachers  shall  attend    1385 72 

(See  also  Institutes  and  Associations) 

TERM— 

Of  office,  clerk  of  school  district 1160 20 

County  superintendent  of  schools 1121 12 

Director,   three   years 1151 17 

State  Board  of  Education 1424 82 

State  Board  of  Regents   2 113 

State   superintendent    1105 10 

Treasurer  of  school  district   1151 17 

Trustee,  county  agricultural  school 1458 92 

Of  school   (See  School  Term) 

TERRITORY— 

Adjacent,  how  attached  1240 38 

Divided,   when    1142 15 

By    natural    obstacle 1142,    1144 15,  16 

To   form   special    district    1235 37 

In  two  counties   1142 15 

New  district  may  include  what 1147 16,  17 

What  may  be  organized 1141 15 

TEXT  BOOKS— 

(Sec  Free  Text  Books) 

May  be  furnished  by  district 1397 75 

Must  be  approved   1397 75 

Uniform  text  books   (Chapter  145,  Laws  1915) 1-11 121,  124 

title- 
How   acquired    1187 26 

TOWNSHIP— 

Fractional  township  may  be  annexed 1142 15 

TRAINING  SCHOOL— 

(See  Teachers'  Training  School) 


INDEX  •  159 


TRANSPORTATION—  Section  Page 

Distance  to  make  transportation  mandatory.  .,  .  .1342    (5) 63 

Furnished  by  district,  when 1190 27 

TRAVELING  EXPENSES— 

Commissioner  of  education  (State)    (Chapter  237) 7 114,  115 

County  agricultural  school,  board  of  trustees 1459 -93 

County  superintendent    (See  Mileage) 

High  school  inspector    1433 84 

Rural  and  graded  school  inspector 1444 88,  89 

State  board  of  education    1425 82 

State  board  of  regents 5 114 

State   superintendent    11 20 12 

Trustees  Teachers'   Pension  Fund   1500 102 

TREASURER— 

(See  School  Treasurer) 
(See  State  Treasurer) 

TREE    PLANTING— 

Duty  of  school  board   1204 29 

Funds  for  , 1206 29 

TRUANT  OFFICER— 

May  be  employed,  in  what  districts 1 345 64 

TUITION— 

Charged  in  model  school  (Chapter  142) 1 1  .i 9 

Minimum  charge,  in  high  school '. 1 119 

In  elementary  school 1 119 

TUITION  FUND— 

(See  School  Funds) 

• 

TWO  AND  A  HALF  MILES— 

Limit  for  organizing  school  and  compelling  attendance.  1188 26 

UNIFORM  TEXT  BOOKS— 

(Chapter  145,  Laws  1915,  121-4) 

Abridged   editions,   how   sold 2    (a) 121 

Bond  to  be  given,  approved  by  whom 1-2 121,  122 

Forfeited,  when   4 122 

Book    companies    not    to    offer    inducements    of    any 

character    5 ; 122 

Books  furnished  at  prices  listed 2   .  (a) 121 

Competition  not  to  be  restricted 2    (e) 122 

Conditions  to  be  complied  with    1 121,  122 

Copies  of  all  books  filed  with  lowest  prices 1 121 

Free  text  books,  board  may  provide,  when 9 123 

Election  to  determine,  how  conducted   9 123 

Question  submitted  to  people,  when   9 123 

Lists  of  books  to  be  printed 3 122 

First  list  within  six  months    3 122 

Supplementary  list  annually   3 122 

Penalty  for  violation    '. 10 124 

Prices  to  be  same  in  North  Dakota  as  elsewhere.  .  .  .2    (b) 121 

Not  to  be  controlled  by  combination 2   (e) 122 

Property  of  district,  books  are 9 123 

Pupils  responsible  for  books  loaned 9 123 

Purchase  books  of  families  moving  away 8.  .  . 123 

Quality  to  be  equal  to  the  best. 2   (c) 121 


Kill  INDEX 


UNIFORM  TEXT  BOOKS  (Continued)—                          Section  Page 

Sample  books  may  be  furnished   5 122,  123 

School  boards  may  appoint  agents 6 123 

Advance  of  15%  may  be  allowed  agents 6 123 

School  districts  or  boards  authorized  to  purchase 7 123 

May  sell  to  pupils  at  cost  7 123 

Purchase  books  and  loan  to  indigent  children.  ...        7 123 

Prom  families  moving  out  of  district 8 123 

Necessary  for   teachers    7 123 

Violation,  penalty  for    10 124 

UNITED  STATES  FLAG— 
(See  Flags) 
Provided  and  displayed,  when 1400 75,     76 

VACANCIES— 

Board  of  education  of  special  districts 1271 45 

Of  independent  districts    1292 49,  50 

Board  of  trustees  agricultural  schools   1458 92 

County  superintendent    1323 57 

Director  of  common  school  district    1324 57 

Election  board   1156 19 

Failure  to  .give  bond 1256 42 

Treasurer  of  independent  district    1305 53 

School  clerk    1325 57 

School   treasurer    1324 57 

State  board  of  regents 3 113 

Superintendent  of  public  instruction 1322 57 

When  there  is  a  vacancy  1326 57 

VOTERS— 

Who  are  voters   1153 18 

WARRANTS— ' 

Money  paid  only  on  proper  warrants 1255 42 

No  money  paid  except  on  proper  warrant 1168 21 

Notice  to  drawee  of  sufficient  funds 1169 22 

Only  for  prior  indebtedness Il70 22 

Penalty,  failure  to  endorse  unpaid 1353.  . , 65 

Unpaid  bear  interest    1169 22 

To  be  endorsed    1169 21,  22 

What  to  specify 1170 22 

WATER  CLOSETS— 

School  board  must  provide 1403,  1490  (4) 76,  101 

WEEK— 

School  week  defined   ' 1382 71 

WOMEN— 

Are  voters,  when   128,  1153 9,     18 

WRITING— 

Must  be  taught  in  all  schools  1451 91 

YEAR— 

School  year  defined 1382,  1519 17,  105 


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